RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 March 2022 DOCKET NUMBER: AR20210014076 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from Active Service) to show his name as APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 Final Order on Name Change, * dated * Final Order on Name Change, dated April * Application for Marriage License, dated * Marriage Certificate, * driver’s license * social security card * Department of Veterans Affairs (VA) Form 26-1880 (Request for a Certificate of Eligibility), dated 0 * VA letter, dated 30 December 2020 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 he has had three legal name changes since his military service, with the third one being due to marriage. There is always a long paper trail he must produce whenever he applies for a VA benefit. He now has no middle name or middle initial. He has provided documents showing his court-ordered legal name changes, a certified application for marriage indicating what his married name will be, his Social Security card, driver’s license, and approval of his Certificate of Eligibility from the VA, all showing his new name. 3. The applicant enlisted in the Regular Army on 30 June 1972. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his name to be 4. The applicant’s DA Form 2-1 (Personnel Qualification Record – Part II) shows his name to be and his DA Form 20 (Enlisted Qualification Record) shows his name to be 5. The applicant was honorably relieved from active duty on 29 July 1975, after 3 years and 1 month of net active service, due to the completion of required active service. His DD Form 214 shows his name to be 6. There are no documents in the applicant’s available service records reflecting his name as 7. The applicant provided a Final Order on Name Change, which shows his name of was changed to on 8. The applicant provided a second Final Order on Name Change, which shows his name of was changed to on 16 April. 9. An Application for Marriage License, dated shows the applicant planned to use the name after marriage. 10. A Marriage Certificate shows the applicant was married on under the name 11. The applicant provided the following documents, all of which reflect his name as: * Social Security card, issued * driver’s license, issued * VA Form 26-1880, dated * VA letter (Certificate of Eligibility), dated 30 December 2020 BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board determined there is sufficient evidence to grant full relief. Based on this, the Board granted relief to correct the applicant’s name as it appears upon the marriage license, dated on. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X 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 voiding his current DD Form 214 for the period ending 29 July 1975, and issuing him new DD Form 214, showing his name as shown on the marriage license dated 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 Army Board for Correction of Military Records (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, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active-duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214 (Report of Separation from Active Duty). The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any. //NOTHING FOLLOWS//