ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:   BOARD DATE: 2 April 2021 DOCKET NUMBER:  AR20210005387 
APPLICANT REQUESTS: correction to the spelling of his first name on his DD Form 214 (Armed Forces of the United States Report of Discharge) 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. 
DD Form 149 (Application for Correction of Military Record) 

. 
birth certificate 


FACTS: 
1. 
The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), 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, in effect, the spelling of his first name on his DD Form 214 should be changed to reflect the spelling on his birth certificate.  He had always thought his name was spelled Axxxxx until he looked at his birth certificate. 

3. 
The applicant enlisted in the Regular Army on 15 October 1973 for a period of 2 years.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the spelling of his first name as Axxxxx and he signed using the same spelling. 

4. 
A DD Form 373 (Consent, Declaration of Parent or Legal Guardian), dated 5 September 1973, shows the applicant’s spelling of his first name as Axxxxx and was signed by both parents. 

5. 
An Applicant's Statement of Name Change form shows the name as recorded on birth certificate as Axxxxxx and the name the applicant now uses as Axxxxx. The applicant, his recruiting representative, and both parents acknowledged the following statement: “I hereby state that I have not changed my name through any court procedure: an, that I prefer to use the name, Axxxxx Pxxx Nxx, as a matter of convenience and with no intent to defraud.  I further state that I am the same person whose name appears on the above-mentioned birth certificate.” 

ABCMR Record of Proceedings (cont) AR20210005387 

6. 
The applicant was honorably discharged on 4 February 1974.  His DD Form 214 shows his first name as Axxxxx.  He signed the form using the same name. 

7. 
Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. 


BOARD DISCUSSION: 
After reviewing the application and all supporting documents, the Board found relief was not warranted. Documentation reveals that the applicant used the contested name throughout his period of military service. Although the applicant is asking for a reconsideration of a previous case, no new evidence was submitted for the Board to consider and there is no basis upon which to provide relief. 
The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion about the difference in the name recorded in his military records and his name as shown on his birth certificate. 
BOARD VOTE: 
Mbr 1 Mbr 2 Mbr 3 
: : : GRANT FULL RELIEF 
: : : GRANT PARTIAL RELIEF 
: : : GRANT FORMAL HEARING 
:XXX :XXX :XXX DENY APPLICATION 
ABCMR Record of Proceedings (cont) AR20210005387 
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. 

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, USC, 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 (Personnel Separations – Separation Documents), in effect at the time of the applicant's separations from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214. 


a. Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Enlisted Record Brief (ERB), Officer Record Brief (ORB), enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, or any other document authorized for filing in the Official Military Personnel File. 
(1) Paragraph 2-2 (Source documents) states DA Form 20 (Enlisted Qualification Record) and DA Form 66 (Officer Qualification Record) are the basic source documents for preparing DD Form 214WS (Worksheet). However, in preparing DD Form 214WS, personnel officers should review all available documents such as the MPRJ (Military Personnel Records Jacket), DA Form 2143 (Military Personnel Financial Data Records, US Army) DA Form 3716 (Personal Financial Record), reassignment orders, enlistment or induction records, and any DD Forms 214 for prior service. 
(2) Paragraph 2-7 states for item 1 (Name), enter name in order shown on ABCMR Record of Proceedings (cont) AR20210005387 
DD Form 214, using all capital letters, and including abbreviation for junior, senior, second, when appropriate. 
b.  On direction of the Army Board for Correction of Military Records or Army Discharge Review Board, or in other instances when appropriate, the Deputy Assistant Secretary of the Army, Army Review Boards Agency, is authorized to issue or reissue a DD Form 214.  Once a DD Form 214 has been issued, it will not be reissued except under specified circumstances including when it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214). 
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