IN THE CASE OF: BOARD DATE: 14 September 2022 DOCKET NUMBER: AR20210016757 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his middle name as it appears on his legal documents APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * passport * driver’s license * birth certificate 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 middle name is listed incorrectly on his DD Form 214. He needs this correction to pursue veteran benefits. 3. The applicant underwent a preinduction medical examination on 5 February 1958. His Standard Form (SF) 89 (Report of Medical History) shows the contested middle name. He signed the form with the contested middle name. The corresponding SF 88 (Report of Medical Examination) also shows the contested middle name. 4. The applicant was inducted into the Army of the United States on 1 May 1958. His DD Form 47 (Record of Induction) shows the contested middle name. The applicant signed his Acknowledgement of Reserve Service Obligation with the contested middle name. 5. A DD Form 98 (Armed Forces Security Questionnaire) shows the contested middle name. He signed the form with the contested middle name. 6. A DD Form 93 (Record of Emergency Data) shows the contested middle name. He signed the form with the contested middle name. 7. The applicant underwent a separation medical examination on 15 March 1960. His SF 89 shows the contested middle name, and he signed the form with the contested middle name. The corresponding SF 88 (Report of Medical Examination) also shows the contested middle name. 8. The applicant was honorably relieved from active duty and transferred to the inactive reserve. His DD Form 214 shows the contested middle name. 9. The applicant underwent a medical examination for retention in the Army Reserve on 2 April 1962. His SF 89 shows the contested middle name, and he signed the form with the contested middle name. The corresponding SF 88 (Report of Medical Examination) also shows the contested middle name. 10. The applicant provided his passport, driver’s license, and birth certificate showing the requested middle name. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial 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. The Board determined the evidence presented does demonstrate the existence of a probable error or injustice. The applicant used the contested middle name during his entire period of service. The Board determined the overall merits of this case are sufficient as a basis for correction of the records of the individual concerned. The Board determined that correction is warranted and granted partial relief by adding to item 18 (Remarks) Also Known As (AKA) of his correct middle name as it appears on his certificate of birth. 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 name recorded in his military records and to satisfy his desire to have his legal middle name documented in his military records. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1.After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 18 (Remarks) Also Known As (AKA) of his correct middle name as it appears on his certificate of birth. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction to show his middle name as it appears on his legal documents. 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, USC, 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 (AR) 635-5 (Personnel Separations – Separation Documents) prescribes policy and procedural guidance relating to transition management and explains separation document preparation, to include preparation of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The purpose of the DD Form 214 is to provide the individual with documentary evidence: of active military service and to furnish a vital record -for interested Government agencies which assist the individual in obtaining the rights and benefits which may accrue to him as the result of such service. It is important that information entered thereon is complete and accurate. a. All available records will be used as a basis for the preparation of DD Form 214a (Worksheet), including DA Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record), and orders. b. The instructions for the completion of item 1 (Name (Last, First, Middle) states, enter last name, first name and full middle name or names, if any. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210016757 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1