IN THE CASE OF: BOARD DATE: 7 December 2020 DOCKET NUMBER: AR20200003163 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as shown on his social security card and his birth certificate. 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) * DD Form 214 * Certificate of Live Birth, dated * Letter, Applicant, dated 13 February 2020 * Department of Veterans Affairs Identification Card * 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 (ABCMR)) 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 (Separation Documents), effective 15 September 2000, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army and established standardized procedures for the preparation and distribution of the DD Form 214. The general instructions stated all available records will be used as a basis for preparation of the DD Form 214, including the Enlisted Record Brief, separation order, and any other document authorized for filing in the Official Military Personnel File. 4. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribes the transition processing function of the military personnel system. It provides principles of support, standards of service, policies, tasks, rules, and steps governing required actions in the field to support processing personnel for separation and preparation of separation documents. Paragraph 5-6 (Rules for Completing the DD Form 214) provides detailed instructions for data required in each item of the DD Form 214. In block 1 (Name) compare original enlistment contract or appointment order and review official record for possible name changes. If a name change has occurred list other names of record in block 18 (Remarks). 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 states: a. His father's name is on his birth certificate, who he has never met or seen. b. He believes his stepfather, D____ C____, never adopted him. c. He did not receive his birth certificate until later in his life after his time in the military. 3. He served in the U.S. Marine Corp from 18 September through 17 September His DD Form 214 shows his last name as C____. 4. He enlisted in the Regular Army on 15 January 1979. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his last name as C____. 5. He was honorably discharged on 14 January 1983. His DD Form 214 shows his last name as C____. 6. His service record shows he served in the Army with his last name of C____ was used throughout his military career. 7. His certificate of live birth, dated, shows his last name as H____. 8. His social security card and Department of Veterans Affairs Identification card show his last name as H____. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Evidence of record, specifically his DD Form 1966/2, shows he acknowledged the last name of H_ is listed on his birth certificate, but that he decided to use C_ as his last name during his service. The applicant used the contested name during his entire period of service. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in his name recorded in his military. 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) AR20200002379 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1