ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 January 2020 DOCKET NUMBER: AR20190010659 APPLICANT REQUESTS: The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his first name as "" vice "" * correct his Date of Birth (DOB) to show APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, dated 18 September 1963 * Birth Certificate * Driver license * Social security card * Medicare insurance card FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states item 1b [sic] (Last Name – First Name – Middle Name) of his DD Form 214 is incorrect, as well as his DOB in his records. 3. A review of the applicant’s official records show the following: * 19 September 1961 – the applicant was inducted into the Army of the United States, DD Form 47 (Record of Induction), item 1 (Last Name – First name – Middle Name) shows the first name “” and his DOB as “.” * the applicant’s records contain official orders showing his first name as “” * 18 September 1963 – the applicant was honorably released from active duty and transferred to the U.S. Army Control Group (Annual Training), DD Form 214, item 1 shows the first name “” and item 6 (DOB) shows “” 4. The applicant provides: * Birth Certificate showing the applicant’s first name as “” and his DOB as “” * Driver license, Social Security and Medicare insurance cards showing the applicant’s first name as “” and DOB as “” 5. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. All available records will be used as a basis for the preparation of DD Form 214 including DA Form 20 (Enlisted Qualification Record), and orders. * item 1; enter last name, first name, and full middle name or names, if any * item 6; enter the members DOB BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, his name as it appears in his records and the name shown at the time of his separation with is corresponding signature. The Board found the DOB in the records to match that provided by the applicant; the Board found insufficient evidence to show that the name in the applicant’s records was not an accurate portrayal of the circumstances as they existed at the time of his service. Based on a preponderance of evidence, the Board determined that the name and date of birth as shown for the applicant upon separation were not in error or unjust. 2. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion about the difference in the name recorded in his military records and the name on his birth certificate. 3. After reviewing the application and all supporting documents, the Board found that relief was not warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ? REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. All available records will be used as a basis for the preparation of DD Form 214 including DA Form 20 (Enlisted Qualification Record), and orders. * item 1; enter last name, first name, and full middle name or names, if any * item 6; enter the members DOB //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190010659 3 1