IN THE CASE OF: BOARD DATE: 22 September 2021 DOCKET NUMBER: AR20210010252 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 May 1966 by deleting his middle name. 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) * State Certificate of Birth, certified 24 July 1992 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 the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his DD Form 214 should reflect his name as shown on his birth certificate. He has no middle name. 3. He was inducted into the Army of the United States on 11 June 1964. Item 1 (Last Name – First Name – Middle Name) of his DD Form 47 (Record of Induction), 9 January 1964, shows his full name as His RMS Form 447 (Acknowledgment of Service Obligation – Reserve Forces Act of 1955), 11 June 1964, shows his full name as He authenticated this form with his signature using the middle name 4. A review of his Official Military Personnel File revealed other documents showing he used the middle name throughout his military service and signed documents using the middle name when applicable. 5. He was honorably released from active duty on 31 May 1966 and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 11 months, and 21 days of total active service. His DD Form 214 shows in: * item 1 (Last Name – First Name – Middle Name) – * * item 32 (Signature of Person Being Transferred or Discharged) – he signed the form using the middle name * 6. The applicant provided a certified copy of his birth certificate issued on 3 June 1942 showing his full name as having no middle name. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record and documents provided by the applicant. The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested middle 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 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. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 3. 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 the middle name recorded in his military records and to satisfy his desire to have his legal name documented in his military records. 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. 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR will decide cases on the evidence of record; it is not an investigative body. 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 13 August 1963, prescribed the separation documents that will be furnished each individual who is separated from the Army, including active duty for training personnel, and established standardized policy for preparation of the DD Form 214. The specific instructions for item 1 stated to enter the individual's last name, first name, and full middle name or names, if any, at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010252 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1