ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 September 2019 DOCKET NUMBER: AR20190010990 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding the capital letter R after his first name. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * copies of his Certification of Birth and social security 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: * it is his name * his name should read * his name is missing the letter R on his DD Form 214 * the Army was not worried at the time so neither was he * it was not done on purpose; he just needs the letter R put back after his first name * he just got his social security card corrected * he is trying to get his "star identification" but it was pointed out that his records do not match due to the missing "R" in his name 3. During the applicant's enlistment process, he completed a DD Form 1966 (Record of Military Processing – Armed Forces of the United States). This form contains the following entries in Section X (Statement of Name for Official Military Records): If the preferred enlistment name (name given in block 2) is not the same as on your birth certificate and it has not been changed by legal procedure prescribed by state law, complete the following: a. _____________________________ (Enter name as shown on your Birth Certificate) b. I hereby state that I have not changed my name through any court or other legal procedure, that I prefer to use the name of by which I am known in the community as a matter of convenience and with no criminal intent. I further state that I am the same person as the person whose name is shown in block 2. c. My social security account number reflects the name:___ __ 4. The applicant enlisted in the U.S. Army Reserve Delayed Entry Program on 25 January 1984 and in the Regular Army on 31 January 1984. His DD Form 4 (Enlistment/Reenlistment Documents – Armed Forces of the United States) shows his name as. 5. A review of the applicant's military record reveals he served under the name throughout the entire period of his active duty service. There is no evidence that shows he ever listed his name as. 6. The applicant was released from active duty on 30 January 1987. His DD Form 214 shows the name he contends is incorrect. 7. The applicant provided copies of his Certification of Birth and social security card showing his name as. 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, the names on his enlistment documents, his birth certificate and his social security card. The Board found he served under the same name, by preference, for his entire period of service. The Board also found the name he requests documented in the applicant’s records. Based on a preponderance of evidence, the Board determined that the applicant’s DD Form 214 should be corrected to show his birth name. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 1 (Name Last, First, Middle) of the DD Form 214 for the period of service ending 30 January 1987 to reflect – “ ” vice “ .” 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. ABCMR Record of Proceedings (cont) AR20190010990 2 1