BOARD DATE:  17 April 2020

		DOCKET NUMBER:  AR20200000469


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Report of 
Separation from the Armed Forces of the United States) to show his name as shown on 
his birth certificate, identification card, and social security card.

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)
*	Standard Certificate of Birth, State of 
*	DD Form 214 for the period ending 10 March 1951
*	Statutory Durable Power of Attorney, dated 22 November 2017
*	Identification Card, , dated 11 July 2019
*	Social Security Card

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 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army acting through the ABCMR.  The ABCMR begins its consideration of each case 
with the presumption of administrative regularity.  The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.

3.  Army Regulation 635-5 (Administrative Separation Procedures and Forms), in effect 
at the time, established uniform administrative procedures and separation forms to be 
used in connection with the relief from active duty or complete separation from the 
military service of commissioned officers, warrant officers, and enlisted personnel.  It 
provided that all available records would be used as a basis for preparation of the 
DD Form 214.


FACTS:

1.  The applicant did not file within the 3-year time frame 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, the stepdaughter and attorney-in-fact of the former service member 
(SM), states her stepfather's name is incorrect as shown on his DD Form 214.  His birth 
certificate, identification card, and social security card show his correct name.  The 
former SM is blind, hard of hearing, diabetic, and has some dementia.  She wants him 
to be able to finish his life with the correct name on his military record.  Her stepfather 
doesn't remember why his name is represented as currently shown on his 
DD Form 214.

3.  The former SM's complete military records are not available for review.  The 
U.S. National Archives and Records Administration official website states a disastrous 
fire at the National Personnel Records Center on 12 July 1973 destroyed approximately 
16-18 million Official Military Personnel Files.  The fire affected approximately 
80 percent of the records of Army personnel discharged between 1 November 1912 and 
1 January 1960.  It is believed that the applicant's records were lost or destroyed in that 
fire.  However, there were sufficient documents remaining in a reconstructed record to 
conduct a fair and impartial review of this case.

4.  The former SM's DD Form 214 shows he enlisted in the Regular Army on 
1 September 1949.  He was honorably discharged on 10 March 1951.  Item 1 (Last 
Name – First Name – Middle Name) shows his name as D____ D____ D____.  He 
signed the form as D____ D. D____.

5.  The former SM's Department of Veterans Affairs Form 3-3145 (Notice of Assignment 
of C-Number), dated 8 May 1951, shows his name as D____ D____ D____.

6.  The certified true copy of the former SM's birth certificate issued on shows his name 
as N____ D____ D____, born on.

7.  The former SM's social security card, undated, and Texas identification card, dated, 
show his name as N____ D____ D____.



BOARD DISCUSSION:

1.  After reviewing the application, supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted.  The applicant’s 
contentions, the former SM’s military record, and regulatory guidance were carefully 
considered.  The Board noted the former SM used the name on all service records and 
did not petition to change it throughout his military service.  The Board concluded that 
the applicant’s name, as reflected in his records, represented the circumstances as they 
existed at the time of his service and determined there was insufficient evidence of an 
error or injustice which would warrant a change to the service member’s name.

2. The applicant is advised that a copy of this decisional document will be filed in the 
former SM’s official military personnel file. This should serve to clarify any questions or 
confusion about the difference in the name recorded in the military records and the 
name on his birth certificate.  

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:

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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200000469


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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