ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:  BOARD DATE:   11 August 2020DOCKET NUMBER:  AR20190015300 


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 X in lieu of X. 


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.United States of America Certificate of Naturalization

.DD Form 214

.driver license



FACTS: 









1.The applicant did not file within the three year time frame provided in Title 10, United States 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 his first name is misspelled on his DD Form 214 due to administrative error.  It should show X instead of X.3.A DD Form 372 (Application for Verification of Birth for Official U.S. Armed Forces Only), dated 15 July 1970 shows his first name as X.4.His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he enlisted in the Regular Army on 20 JUL 1970.  His first name is typed in Item 5 (Last Name-First Name-Middle Name) on the form as X.  The applicant signed the form in two places with his first name as X.5.A DD Form 398 (Statement of Personal History), dated 19 January 1971, shows the applicant filled out the form listing his first name as X and likewise signed the form with his first name as X. 








6.A Veterans Administration (VA) Form 29-8286 (Serviceman’s Group Life Insurance Election),dated 12 September 1972, shows the applicant filled out the form listing his first name as X and likewise signed the form with his first name as X.7.The applicant’s United States of America Certificate of Naturalization, dated7 December 1972, lists his first name as X.8.The applicant’s DD Form 214 shows he was honorably released from active duty on 19 July 1973 due to his expiration term of service (ETS) and transferred to the U.S. Army Reserve (USAR) Control group (Reinforcement).  His first name is shown on the form as X.9.Reserve Components Personnel and Administration Center Letter Orders Number 





06-1111852, honorably discharged him from the USAR Control Group (Standby effective 19 July 1976, due to his ETS.  His first name is shown on the orders as X.10. The applicant provided a copy of his Florida Driver License issued on 31 May 2019, which shows his first name as X.BOARD DISCUSSION: After review of the application and all evidence, the Board determined that there is sufficient evidence to grant relief.  The board found sufficient evidence to grant the applicant’s request to change his name reflected on DD Form 214 because his service record contained evidence that he signed his name using the name requested. 

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : 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 the DD Form 214 (Certificate of Release or Discharge from Active Duty) with amendments: 

a.The applicant's legal name, as recorded on his driver’s license, will be entered initem 1 (Name), and

b.his prior name will be listed in item 18 (Remarks).


X 

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, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3 year statute of limitations if the Army Board for
Correction of Military Records (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 theseparation documents that must be prepared for Soldiers upon retirement, discharge, orrelease from active duty service or control of the Active Army.  It establishedstandardized policy for preparing and distributing the DD Form 214 (Armed Forces ofthe United States Report of Transfer or Discharge.  The general instructions stated allavailable records would be used as a basis for preparation of the DD Form 214.  Thespecific instructions for item 1 (Last Name – First Name – Middle Name) stated to enterthe last name, first name, and full middle name or names, if any.

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