IN THE CASE OF: BOARD DATE: 17 November 2020 DOCKET NUMBER: AR20200003045 APPLICANT REQUESTS: Correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as shown on his certificate of birth. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 for the period ending 19 November 1968 * Certificate of birth FACTS: 1. The applicant did not file within the 3-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 his first name should be corrected on his DD Form 214. 3. During the administrative processing of his induction into the Army of the United States, the applicant completed DD Form 398 (Statement of Personal History). In block 1 (First Name – Middle Name – Maiden Name (if any) – Last Name) he entered his first name as ?Jxx.” He did not identify any other names he used on his personal history form. He authenticated this form with his signature using his first name as identified in block 1 of the form. 4. A review of his official military personnel file shows documents consistently used the first name ?Jxx” to include include: * DD Form 47 (Record of Induction) * General Orders dated 8 November awarding him the Army Good Conduct Medal * Special Orders dated 19 November releasing him from active duty and transferring him to the U.S. Army Reserve (USAR) * DA Form 20 (Enlisted Qualification Record) 5. On 19 November 1968 he was released from active duty and transferred to the USAR in accordance with Special Orders Number. As required by regulation he was issued a DD Form 214 documenting his active duty service of 1 year, 11 months and 13 days. Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his first and middle name as he listed it on his DD Form 398. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not contain an entry showing the Army Good Conduct Medal. 6. The applicant provided a copy of his certificate of birth showing his first name as “Gxxxx.” 7. 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. The applicable regulation states to transcribe in item 1, the name at the time of separation from applicable documents. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, and evidence in the records. Regulation states that the name on the DD Form 214 at the time of discharge from the Army will be consistent with the name in the Soldier’s military records. The Board noted that the applicant consistently entered his first name in his military records as “Jxx” and signed his name with the first name of “Jxx.” The Board found no error or injustice in the applicant’s first name on his DD Form 214 according to his military records. 2. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 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: 1. 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 requested by the individual concerned. 2. The Board does recommend that all Department of the Army records of the individual concerned be corrected by executing the administrative corrections described in Administrative Note(s) below as supported by the individual’s records and regulation. 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): Amend the applicant’s DD Form 214 ending on 19 November 1968 by adding the Army Good Conduct Medal to item 24. 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214 which is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge. It states to use official documents filed in a Soldiers record including entrance processing documents, the DA Form 20 (Enlisted Qualification Record) and separation orders. This regulation states for item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to enter all awards for all periods of service. Check the Soldier's records for validity of awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003045 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1