IN THE CASE OF: BOARD DATE: 23 October 2020 DOCKET NUMBER: AR20200002050 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct spelling of his first name. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Certificate of Birth, City of - The State * Social Security Card * Texas Department of Public Safety - Temporary Permit 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, prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation and distributing DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Item 1 (Name (Last, First, Middle)) of the DD Form 214 states to enter name in all capital letters to include "JR," "SR," or "II" when needed. 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 was incorrectly spelled on his DD Form 214 and is missing a letter. He is trying to get a civil service job and needs it corrected. 3. The applicant completed a DD Form 1966 (Record of Military Processing - Armed Forces of the United States) on 13 February 1987. Section VIII (Statement of Name for Official Military Records) item 48 (Name Change) stated: "If preferred enlistment name (name given in item 2 (Name)) is not the same as on your birth certificate, and it has not been changed by legal procedure prescribed by state law, and it is the same as on your social security number card, complete the following": a. Item 48a (Name as Shown on Birth Certificate) shows he entered his first name and middle name as J__i__ J__. b. Item 48b (Name as Shown on Social Security Number (SSN) Card) shows he entered his first name and middle name as J___ J. c. Item 48c indicated: "I hereby state that I have not changed my name through any court or other legal procedure; that I prefer to use the name of J___ J__ C___ by which I am known in the community as a matter of convenience and with no criminal intent. I further state that I am the same person as the person whose name is shown in item 2." d. He signed the form using his first name without the contested missing letter. 4. The applicant enlisted in the Regular Army on 5 May 1987. His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of The United States) shows his first name was spelled without the contested missing letter. 5. A review of the applicant's military record reveals he served under the first name without the contested letter throughout the entire period of his active duty service. 6. The applicant was discharged from the Army on 7 November 1989. Item 1 (Name (Last, First, Middle) of his DD Form 214 shows his first name spelled without the contested missing letter. He signed the form without using the contested missing letter. 7. The applicant provides copies of his birth certificate, social security card, and Texas Department of Public Safety temporary permit that all show his first name spelled with the contested missing letter. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 2. When he enlisted, the applicant chose to use a spelling of his first name that varied from the spelling recorded on his Certificate of Birth, and he continued to use the contested spelling throughout his military service. The Board found insufficient evidence of mitigating factors that would support a recommendation for relief in this case. The Board determined the spelling of the applicant's first name on his DD Form 214 is not an error or unjust. 3. The applicant is advised that a copy of these proceedings will be filed in his Official Military Personnel File, which will explain the difference between the spelling of his first name on his Certificate of Birth and the spelling he used during his period of military service. 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) AR20200002050 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1