ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 






IN THE CASE OF:  BOARD DATE:  5 October 2020 DOCKET NUMBER:  AR20200001349 


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 birth certificate. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552)

.Certificate of Live Birth

.DD Form 214



REFERENCES: 

1.Title 10, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice.  This provision of law also allows the Army Board for Correction of MilitaryRecords (ABCMR) to excuse an applicant's failure to timely file within the 3-year statuteof 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 theseparation documents that must be prepared for Soldiers on retirement, discharge, orrelease from active duty service or control of the Active Army.  It establishedstandardized policy for preparing and distributing the DD Form 214.  The generalinstructions stated all available records will be used as a basis for preparation of theDD Form 214, including the DA Form 20 (Enlisted Qualification Record), DA Form 66(Officer Qualification Record), and orders.  The specific instructions for item 1 (LastName, First Name, Middle Name) stated to enter the last name, first name, and fullmiddle 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, in effect, the spelling of his first name as shown on hisDD Form 214 is in error.3.He enlisted in the Regular Army on 12 June 1969.  Item 1 (Last Name, First Name,Middle Name) of his DD Form 4 (Enlistment Contract – Armed Forces of theUnited States), dated 12 June 1969, shows his first name spelled with the letter " " asthe fourth character.  He signed this form, spelling his first name with the letter " " asthe fourth character.4.His DA Form 20 (Enlisted Qualification Record) shows his first name spelled with theletter " " as the fourth character.  He signed this form on 2 December 1970, spelling hisfirst name with the letter " " as the fourth character.5.Item 3 (Child's Name) of his Certificate of Live Birth certified and issued on20 September 1971 shows his first name spelled with the letter " " as the fourthcharacter, then lined through and rewritten with the letter " " as the fourth character.Item 21 (Supplemental Information) contains the entry:  "#3 spelling of given namecorrected by affidavit & school record 8-12-71 [12 August 1971]" and is initialed.6.On 19 December 1971, he was honorably released from active duty and transferredto the U.S. Army Reserve Control Group (Reinforcement).  Item 1 (Last Name, FirstName, Middle Name) of his DD Form 214 shows his first name spelled with the letter" " as the fourth character.  He signed this form, spelling his first name with the letter" " as the fourth character. 

BOARD DISCUSSION: 

1.After reviewing the application and all supporting documents, the Board found thatrelief is warranted.

2.The Board noted that a Certificate of Live Birth was corrected and issued shortlybefore the applicant's release from active duty on 19 December 1971.  Given the closeproximity of the correction of the Certificate of Live Birth to his separation date, theBoard found it likely that the applicant did not have an opportunity to update his militaryrecord with his correctly spelled first name.  The Board determined it would beappropriate to correct the first name shown on his DD Form 214.

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 his DD Form 214 for the period ending 19 December 1971 to show the first name recorded on his corrected Certificate of Live Birth. 
XCHAIRPERSON

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//