IN THE CASE OF: BOARD DATE: 20 October 2022 DOCKET NUMBER: AR20190014024 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the spelling of his first name as APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 19 August 2019 * Certificate of Birth, * Social Security Card, Social Security Administration 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 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, in effect, he was delivered by a mid-wife and was under the impression his first name his name was spelled first name until he obtained a certified copy of his birth certificate. 3. The applicant provides copies of his: * Birth certificate showing first name * Social Security Card showing first name 4. A review of the applicant's service records, including but not limited to those listed below, show first name * DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated 28 February 1977 * Armed Forces Examining and Entrance Station Enlistment/Travel Order Number 42-10, dated 1 March 1977 * VA Form 29-8286 (Servicemen's Group Life Insurance Election), dated 4 March 1977 * Enlisted Evaluation Reports, dated 18 March 1979 and 13 May 1979 * DD Form 214, dated 29 February 1980 5. Army Regulation 635-5 (Separation Documents), states to enter last name, first name, and full middle name or names in all capital letters, in item 1 on the DD Form 214 at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon the available documentation in the record showing an error in the spelling of the applicant’s first name was present, the Board recommended granting the applicant’s requested relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by correcting the spelling of his first name to reflect 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 Army Board for Correction of Military Records (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 (Separation Documents), prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. For item 1, enter last name, first name, and full middle name or names in all capital letters, at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014024 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1