IN THE CASE OF: BOARD DATE: 6 April 2022 DOCKET NUMBER: AR20210016452 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the following: * his name as in lieu * his date of birth (DOB) as APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * birth certificate * driver’s license * social security card FACTS: 1. The applicant did not file within the 3-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 errors were made to his name and DOB on his DD Form 214. He is attaching a copy of his birth certificate and social security card which show his correct name and DOB. He requests his DD Form 214 be corrected to be consistent with those documents for the purpose of requesting benefits. 3. A Standard Form 88 (Report of Medical Examination) shows the applicant underwent a pre-induction medical examination on 14 September 1967, wherein he was found qualified for induction. The form shows his name to be , with the number stricken through and the number hand-written above it. 4. The applicant’s DD Form 47 (Record of Induction) shows the applicant was inducted into the Army of the United States on 14 September 1967. The form shows his name to be. 5. An Acknowledgment of Service Obligation, shows, that having been inducted into the Army of the United States for 2 years’ active duty on 13 March 1968, the applicant acknowledged having been informed of his service obligation. The form shows the applicant’s name to be and the applicant signed the form as such. 6. The applicant’s DA Form 20 (Enlisted Qualification Record) likewise shows his name to be and his DOB to be 7. The applicant’s DD Form 214 shows he was honorably discharged from the Army of the United States on 19 July 1968, after 4 months and 7 days of net active service from 13 March 1968 through 19 July 1968. The form shows his name to be (and signed by the applicant as such) and his DOB to be 8. There are no documents in the applicant’s available service records that reflect his name as but his records do contain a DA Form 88 which shows his DOB typed as stricken through, with a handwritten correction to his DOB as. 9. The applicant provided documents showing his name and DOB as follows: * his birth certificate shows his name to be and his DOB to be * his driver’s license shows his name to be and his DOB to be * his social security card shows his name to be and his DOB is unlisted BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not 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. The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested name and date of birth during his entire period of service. The Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. Based on this the Board determined relief was not warranted and denied relief. 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 date of birth and name recorded in his military records and to satisfy his desire to have his legal name and date of birth 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, 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 and established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. a. The specific instructions for item 1 (Last Name – First Name – Middle Name) state to enter the last name, first name, and full middle name or names, if any. b. The specific instructions for item 9 (Date of Birth) state to enter the six-digit number: year, month, and day without spaces or slashes. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210016452 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1