IN THE CASE OF:  BOARD DATE: 22 February 2022 DOCKET NUMBER:  AR20210010214


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to remove his middle name. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552)

.DD Form 214

.State Driver's License, 4 December 2019



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 Army Board for Correction of Military Records(ABCMR) conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states he has no middle name. The middle name shown in hisDD Form 214 is his religious confirmation name, not his birth name.

3.His DD Form 398 (Statement of Personnel History), 16 January 1966, shows hismiddle name as A____ and his signature using this middle name.

4.He enlisted in the Regular Army on 27 January 1966. His DD Form 4 (EnlistmentRecord – Armed Forces of the United States) and DD Form 98 (Armed Forces SecurityQuestionnaire) both show his middle name as A____ and his signature using thismiddle name.

5.He was honorably relieved from active duty and transferred to the U.S. ArmyReserve Control Group (Annual Training) on 8 January 1969. His DD Form 214 showshis middle name as A____ and his signature using this middle name.

6.A review of the applicant's military records reveals he served under the middle nameA____ throughout the entire period of his military service.
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.  The Board agreed that there was insufficient evidence to change his name (remove middle name) on his DD Form 214. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created, unless there is sufficient evidence that shows a material error or injustice.  

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

XX: XX: XX: 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. 

XCHAIRPERSON

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, 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 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), 23 January 1967, prescribed the separation documents that are furnished individuals who are separated from the Army and established standardized procedures for the preparation and distribution of those documents. The general instructions stated all available records will be used as a basis for preparation of the DD Form 214, including the DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. 
 
//NOTHING FOLLOWS//