ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 September 2020 DOCKET NUMBER: AR20190014917 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the spelling of his first name as shown on his application. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Certificate of Birth * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 30 September 2019 REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records will be used as a basis for preparation of the DD Form 214, including the DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. The specific instructions for item 1 (Last Name, First Name, Middle Name) stated to enter the last name, first name, and full middle name or names, if any. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the 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 he would like all of his legal documents to be correct. 3. He was inducted into the Army of the United States on 14 August 1967. Block 1 (Last Name, First Name, Middle Name) of his DD Form 47 (Record of Induction), dated 14 August 1967, shows his first name spelled with the letter as the third character. He signed this form, spelling his first name with the letters as the third and fourth characters. 4. Block 1 (First Name, Middle Name, Maiden Name (If any), Last Name) of his DD Form 398 (Statement of Personal History), dated 14 August 1967, shows his first name spelled with the letter as the third character. He signed this form, spelling his first name with the letters as the third and fourth characters. 5. His DA Form 20 (Enlisted Qualification Record) shows his first name spelled with the letter as the third character. He signed this form, spelling his first name with the letter as the third character. 6. On 13 August 1969, he was honorably released from active duty. He completed 2 years of active service during this period. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his first name spelled with the letter as the third character. He signed this form, spelling his first name with the letter as the third character. 7. His birth certificate, issued on 28 November 2012, shows his first name spelled with the letter as the third character. 8. His VA Form 21-4138, dated 30 September 2019, shows his first name spelled with the letters as the third and fourth characters. He signed this form, spelling his first name with the letters as the third and fourth characters. 9. His DD Form 149, dated 3 October 2019, shows his first name spelled with the letters as the third and fourth characters. He signed this form, spelling his first name with the letters as the third and fourth characters. BOARD DISCUSSION: 1. Aside from the Administrative Notes (below the signature), the evidence presented does not demonstrate the existence of a probable error or injustice pertaining to the applicant's request to correct his name in the record. The Board found insufficient evidence in the applicant’s record of the name he requests to reflect on his DD Form 214; the applicant's official military personnel file contains documents that show he consistently used the name listed on his DD Form 214 and entrance documents, throughout his service. The Board agreed regulatory guidance provides for the maintaining of military records as they were during the member’s period of service. 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 marriage certificate and other current identification documents. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Aside from the Administrative Notes (below the signature), 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. 12/9/2020 X CHAIRPERSON 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): A review of the applicant’s service records shows he is eligible for an award not annotated on his DD Form 214. As a result, amend his DD Form 214 to show the BSM with “V” device, General Orders Number 9018, dated 23 July 1969. //NOTHING FOLLOWS//