ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF: 

		BOARD DATE: 14 February 2022

		DOCKET NUMBER: AR20210014048


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 10 August 2001 to show his name as 
shown on his birth certificate.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Birth Certificate, 
*	DD Form 214
*	Social Security Card, undated
*	Driver's License, issued 25 October 2019

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, 
U.S. Code, section 1552(b); however, the 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 the erroneous name used on his DD Form 214 is due to the 
recruiter not using his legal name as shown on his birth certificate at the time of his 
enlistment. This error can be remedied effectively by updating his military records to 
show his correct and only legal name.

3.  Section VII (Statement of Name for Official Military Records), item 39 (Name Change 
(If the preferred enlistment name is not the same as your birth certificate, and it has not 
been changed by legal procedure prescribed by state law, and it is the same as on your 
social security number card, complete the following)), of his DD Form 1966 (Record of 
Military Processing), 11 March 1997, shows he entered his name as shown on his birth 
certificate and his name as shown on his social security card and stated he preferred to 
use the name the name by which he is known in the community, as a matter of 
convenience.


4.  On 22 May 1997, he enlisted in the U.S. Army Reserve under the Delayed Entry 
Program for a period of 8 years beginning in the rank/grade of private/E-1 with an 
obligation to enlist in the Regular Army by 14 August 1997 for a period of not less than 
4 years. Item 1 (Name) of his DD Form 4 (Enlistment/Reenlistment Document – Armed 
Forces of the United States) shows his name as 

6.  On 23 September 1997, he was discharged from the Delayed Entry Program and 
immediately enlisted in the Regular Army for a period of 4 years.

7.  He was honorably released from active duty on 10 August 2001 and transferred to 
the U.S. Army Reserve Control Group (Reinforcement.) Item 1 (Name) of his 
DD Form 214 shows his name as 

BOARD DISCUSSION: 

After reviewing the application, all supporting documents and the evidence found within 
the applicant's military records, the Board found that partial relief was warranted. The 
applicant's contentions, military records and regulatory guidance were carefully 
considered. Evidence of record shows the applicant used the contested name 
consistently throughout his period of service; Documentation also reflects the  
requested name. The Board recognized that the Army has an interested in the 
preservation of the record. However, to mitigate any potential confusion between the 
name reflected within the applicant’s record and that shown his birth certificate, the 
Board determined partial relief was warranted. Based on the preponderance of 
evidence available for review, the Board determined the evidence presented sufficient 
to warrant a recommendation for partial relief. 
 
 



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief. As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by issuing him 
a DD215 (Correction of DD Form 214) showing in block 5 that he is also known as  


 
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, U.S. 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, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army. It established standardized policy for 
preparation of the DD Form 214. The DD Form 214 provides a brief, clear cut record of 
active duty service at the time of release from active duty, retirement, or discharge. Use 
the following documents when preparing a DD Form 214: Enlisted Record Brief; 
separation approval authority documentation, if applicable; separation order; and any 
other document authorized for filing in the Official Military Personnel File. The detailed 
instructions for item 1 stated to enter the name in all capitals, include "SR," "JR," or "II," 
if appropriate. Compare the Enlisted Record Brief to the enlistment contract for possible 
name changes.

3.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, 
prescribes policy and procedural guidance relating to transition management. It 
establishes standardized policy for preparation of the DD Form 214. The DD Form 214 
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 detailed 
instructions for item 1 state to compare the original enlistment contract or appointment 
order and review the official record for possible name changes. If a name change has 
occurred, list other names of record in item 18 (Remarks).

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	


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