IN THE CASE OF:  

		BOARD DATE:  6 July 2020

		DOCKET NUMBER:  AR20200002090


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show:

*	his correct date of birth (DOB)
*	the correct spelling of his middle (current middle name) instead of the contested 
middle name

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Social Security Card
*	Birth Certificate

FACTS:

1.  The applicant did not file within the three-year period provided in Title 10, United 
States Code, in 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's DD Form 1966/1 (Record of Military Processing – Armed Forces of 
the United States) is sufficient to justify correction of his DOB without action by the 
Board.  In addition, his DD Form 214 is sufficient evidence to void and reissue his 
DD Form 214 to show his characterization of service as "Honorable" instead of 
"Uncharacterized."

3.  The applicant states without the correction, he may be denied Department of 
Veterans Affairs benefits.

4.  The applicant enlisted in the U.S. Army Reserve on 16 September 1994.  Item 1 
NAME (Last, First, Middle) of his DD Form 4/1 (Enlistment/Reenlistment Document – 
Armed Forces of the United States) lists his contested middle name.
5.  The applicant entered active duty training (ADT) on 3 July 1995.  He was released 
from ADT on 27 October 1995, with an uncharacterized characterization of service.

6.  All of the documents in his military record reflect his contested middle name.

7.  The available military records do not record the middle name he requests.

8.  The applicant provides a copy of his birth certificate and social security card, which 
lists his middle name as he requests.

9.  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) 
states to transcribe the name at the time of separation from applicable documents.


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found no 
evidence indicating the applicant used the middle name he states is correct during his 
military service, nor did the Board find evidence of any mitigating factors that would 
support a recommendation for relief with regard to his name.  The Board determined the 
midle name shown on his DD Form 214 is not in error or unjust.  

2.  The applicant is advised that these proceedings will be filed in his Official Military 
Personnel File, which should serve to explain the difference in the middle name under 
which he served and the middle name shown on his birth certificate he provides.

3.  The Board concurred with the corrections described in Administrative Note(s) below.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:		:	:	GRANT FULL RELIEF

:	           :	:	GRANT PARTIAL RELIEF

:		:	:	GRANT FORMAL HEARING

:		:	:	DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by executing 
the corrections described in Administrative Note(s) below.  

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to the applicant's middle name.  

		  
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.


ADMINISTRATIVE NOTE(S):  The applicant's DD Form 1966/1 is sufficient to justify 
correction of his DOB without action by the Board.  In addition, his DD Form 214 is 
sufficient evidence to void and reissue his DD Form 214 to show his characterization of 
service as "Honorable" instead of "Uncharacterized."  Void and reissue his DD Form 
214 to show in:

*	Item 5 (DOB) – ""
*	Item 24 (Character of Service) – "Honorable"




REFERENCES:

1.  Title 10, United States 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 ABCMR to excuse an applicant's 
failure 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), then in effect, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army.  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 states to transcribe the name at the time of separation from 
applicable documents.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200002090


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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