IN THE CASE OF: BOARD DATE: 18 February 2022 DOCKET NUMBER: AR20210013570 APPLICANT REQUESTS: removal of his middle name from his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period of service ending on 11 January 2003. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Decree Granting Change of Name of Adult * Three DD Forms 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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 for the service period of 12 January 2000 through 11 January 2003 reflects his middle name. It should reflect no middle name (NMN) and his other DD Form 214 for the service period ending 20 September 2005. There is a Veteran with the same name and a very similar social security number that keeps getting confused due to his middle name. The middle name should be removed as he has never been known as. A correction would be appreciated. 3. The applicant provides: a. A Decree Granting Change of Name of Adult, dated 20 November 2000, which ordered the applicant’s name be changed from. b. Three DD Forms 214 to be referenced in the applicant’s service record. 4. A review of the applicant’s service record shows: a. He enlisted in the Texas Army National Guard (TXARNG) on 31 December 1997. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows in Block 1 (Name). b. The applicant signed his DA Form 2-1 (Personnel Qualification Record). The applicant’s name is not legible in Section I (Identification Data). c. He entered active duty on 10 February 1998. He was honorably released from active duty training on 5 August 1998. His DD Form 214 shows he completed 5 months and 26 days of active service. Block 1 (Name) shows d. He was honorably released from the TXARNG on 11 January 2000. His NGB Form 22 (Report of Separation and Record of Service) shows he completed 2 years and 11 days of net service for the period. Block 1 (Name) shows. The authority and reason for the separation shows the applicant was enlisting in another component of the Armed Forces. e. He enlisted in the Regular Army on 12 January 2000. His DD Form 4 shows in Block 1 (Name). f. His DA Form 2-1 shows in Section I (Identification Data). g. The applicant’s service record is void of his Decree Granting Change of Name of Adult. h. Orders 303-0252, dated 30 October 2002, discharged the applicant from active duty with an effective date of 11 January 2003. The applicant’s name is listed as i. He was honorably discharged from active duty on 11 January 2003. His DD Form 214 shows he completed 3 years of active service. Block 1 (Name) shows. Block 18 (Remarks) contains the entry Block 1: Other Name(s) of Record: j. He enlisted in the Regular Army on 16 June 2004. His DD Form 4 shows in Block 1 (Name) k. His Enlisted Record Brief shows the name. l. Orders 258-0341, dated 15 September 2005, discharged the applicant from active duty with an effective date of 20 September 2005. The applicant’s name is listed as m. He was honorably discharged from active duty on 20 September 2005. His DD Form 214 shows he completed 1 year, 2 months, and 4 days of active service. Block 1 (Name) shows NMN. Block 18 (Remarks) contains the entry Block 1: Other Name(s) of Record:. 5. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. Block 1 (Name) states enter in all capitals, include “SR,” “JR” or “II,” if appropriate. Compare ERB/ORB to contract for possible name changes. If a name change has occurred list other names of record in Block 18 (Remarks). 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 applicant has multiple separation documents, each reflecting the name under which he enlisted. The DD Form 214 is a historical document that should reflect the record as it existed at the time the DD Form 214 was created. In that regard, Board members noted no error or injustice in any of his DD Forms 214. 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, United States 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), in effect at the time, states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. Block 1 (Name) states enter in all capitals, include “SR,” “JR” or “II,” if appropriate. Compare ERB/ORB to contract for possible name changes. If a name change has occurred list other names of record in Block 18 (Remarks). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013570 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1