IN THE CASE OF: BOARD DATE: 2 March 2022 DOCKET NUMBER: AR20210009563 APPLICANT REQUESTS: correction to Item 1 (Last Name, First Name Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 March 1970. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter dated 15 March 2018 * Certificate of Birth * United States Passport * Social Security Administration card * Baptismal Certificate 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 his middle name is Edwin not Edward which is the name shown on his DD Form 214. He requests correction to his DD Form 214 to show his middle name as shown on his certificate of birth, United States Passport, social security card and his certificate of baptism. 3. Prior to entering active service the applicant completed DD Form 398 (Statement of Personal History). He wrote his name himself on this form with his middle name shown as. In Item 20 (Remarks) of this form he signed his signature with his middle name shown as 4. Within his official military personnel file, he continuously signed his personnel documents with his middle name Military personnel clerks continuously prepared documents with his full name as shown on his DD Form 398. These documents include the following: * DD Form 47 (Record of Induction) dated 19 March 1968 * Acknowledgment of Service Obligation dated 19 March 1968 * DD Form 1584 (National Agency Check Request) dated 21 March 1968 * VA Form 29-8286 (Servicemen’s Group Life Insurance Election) dated 22 March 1968 * DA Form 2496 (Disposition Form) dated 14 May 1968 showing his Entrance National Agency Check was successfully completed on 25 April 1968 with his middle name as * Standard Form 88 (Report of Medical Examination) dated 17 October 1969 5. He was inducted into the Army of the United States on 19 March 1968. He completed training meeting the qualifications to serve as a combat engineer. After completing his mandatory training, he was assigned to United States Army – Europe. He was further assigned to Company A, 317th Engineer Battalion. His DA Form 20 (Enlisted Qualification Record) only shows his middle initial. It does not contain the spelling of his middle name. Prior to his release from active duty, he returned to the continental 6. On 11 March 1970, Headquarters, U.S. Army Personnel Center, Fort Dix, NJ issued him Special Orders Number 70 releasing him from active service and transferring him to the United States Army Reserve (USAR) Control Group (Annual Training). The standard name line shown on this order only contains the initial for his middle name. 7. Accordingly, he was released from active duty as ordered and transferred to the USAR Control Group (Annual Training) on 11 March 1970. He was issued a DD Form 214 documenting his active service of 1 year, 11 months and 23 days. Item 1 of his DD Form 214 contains his full name as shown on his DD Form 398 and DD Form 47. Upon receipt of his DD Form 214 he signed his first name, middle initial (only) and last name. 8. There is no evidence in his military personnel record showing he served under the middle name 9. He provides multiple United States government forms showing his middle name as including his passport and social security card. He also provides his state certificate of birth and baptismal certificate with his middle name as 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. Upon review of the applicants petition and available military records 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. 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 middle 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 : : : 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. 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 regulation provides that 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. 2. Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. a. Personnel who were separating and entitled to receive a DD Form 214 were informed by counselors that the most vital document they would receive from the Army was their DD Form 214. b. The sources documents used in preparing the DD Form 214W (Worksheet) included the DD Form 398, DD Form 47, DA Form 20 (Enlisted Qualification Record), enlistment records and separation orders authorized for filing in the official military personnel file. c. Item 30 (Remarks) was used for entries required by Headquarters, Department of the Army for which a separate block is not available and for completing entries that are to long for their respective blocks. 3. Army Regulation 635-8 (Separation Processing and Documents) currently in effect prescribes policy and procedural guidance relating to transition management. It consolidated the policies, principles of support, and standards of service regarding processing personnel for transition. 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 action, and prior inactive duty service at the time of release from active duty, retirement, or discharge. When separation is ordered, the separation approval document must be present for transition processing these included the Enlisted Record Brief or Officer Record Brief, separation approval documents, separation orders and any other document authorized for filing in the personnel records. For Block 1 (Name) compare the original enlistment contract and review the official record for possible name changes. If a name change occurred during military service list other names of record in Block 18 (Remarks). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210009563 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1