IN THE CASE OF:  BOARD DATE:   3 September 2020DOCKET NUMBER:  AR20200005887 


APPLICANT REQUESTS:  correction to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her first name as it is recorded on her Certificate of Live Birth (referred to as "X") instead of the spelling recorded in her service record (referred to as "Y"). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DD Form 214

.State Certificate of Live Birth

.Certificate of Marriage

.Identification - passport, driver's license, and social security card



FACTS: 

1.The applicant did not file within the three-year period provided in Title 10, UnitedStates Code, in section 1552(b); however, the ABCMR conducted a substantive reviewof this case and determined it is in the interest of justice to excuse the applicant's failureto timely file.

2.The applicant states, in effect, about 34 years ago she obtained a copy of her birthcertificate and discovered that she was taught to spell her first name incorrectly.

3.The applicant's date of entry on active duty is unknown (not legible on the
DD Form 214 provided by the applicant).

4.Her DD Form 214 shows she was released from active duty training on 4 December1979; she completed 3 months, and 4 days of net active service.  Her first name isshown as "Y" on her DD Form 214.

5.Army Regulation 635-5 (Separation Documents) prescribes that the DD Form 214will reflect the conditions and circumstances that existed at the time the records werecreated.

6.For historical purposes, the Army has an interest in maintaining the integrity of itsrecords.  The data and information contained in those records should reflect theconditions and circumstances that existed at the time the records were created.

BOARD DISCUSSION: 

After reviewing the application and all supporting documents, the Board found that relief is warranted.  The Board agreed that the government-issued documents provided by the applicant clearly show the first name she was given at birth, and the Board accepted the applicant's explanation of how an alternate first name came to be used on her DD Form 214.  The Board determined her DD Form 214 should be corrected to show the first name recorded on her Certificate of Live Birth.  

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 issuing a DD Form 215 (Correction to DD Form 214) to show the first name recorded on her Certificate of Live Birth. 

X CHAIRPERSON

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. 

REFERENCES: 

1.Title 10, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice.  This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3-year statute of limitations if the Army Board forCorrection of Military Records (ABCMR) determines it would be in the interest of justiceto do so.

2.Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes theseparation documents prepared for Soldiers upon retirement, discharge, or release fromactive military service or control of the Army.  It states the DD Form 214 is a synopsis ofthe Soldier's most recent period of continuous active duty.  The DD Form 214 is of vitalimportance to the separating Soldier and must be properly prepared according toprescribed guidance.  All available military records will be used to prepare this form.

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