IN THE CASE OF: BOARD DATE: 15 June 2022 DOCKET NUMBER: AR20210014483 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the following: * item 1 (Last Name-First Name- Middle Name) to show his last name as * item 6 (Date of Birth (DOB) to show APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * two DD Forms 149 (Application for Correction of Military Record) * self-authored statement 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: a. His DD Form 214 needs correction to reflect his last name as and his DOB as b. He reported this information in 2001 and was told it would be ok, that his name would be changed on is records as well as his DD Form 214. He needs these corrections in case of death to allow for a military burial. 3. A Standard Form 88 (Report of Medical Examination) shows the applicant underwent medical examination on 8 May 1960 for the purpose of Army National Guard (ARNG) enlistment. This form shows his last name to be and his DOB to be 4. A Standard Form 89 (Report of Medical History), likewise completed on 8 May 1960 for the purpose of the applicant’s ARNG enlistment, shows the applicant’s last name to and his DOB to be 5. On 11 May 1960, the applicant enlisted in the ARNG. His DD Form 4 (Enlistment Record – Armed Forces of the United States shows his typed last name to be in two locations on the form, his hand signed last name to be in two locations on the form, and his DOB to be 6. The applicant was ordered to active duty for training (ACDUTRA) on 26 November 1960 and was honorably released from ACDUTRA on 21 May 1961, after 5 months and 26 days of net active service. His DD Form 214 shows his last name to be 7. There are no available documents in the applicant’s service records that reflect his last name as or his DOB as and the applicant has not provided any other non-service documents, aside from his DD Forms 149, reflecting his last name as or his DOB 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. 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 name and date of birth 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 Forms), in effect at the time, prescribes forms to be used in the separation of Army personnel and are applicable to all officer and enlisted personnel on active duty. They also apply to certain members of the reserve components on active duty for training. a. The general instructions for preparation of the DD Form 214 (xxx) state all available records will be used as a basis for the preparation of the DD Form 214, to include the DA Form 24 (Service Record) and DA Form 20 (Enlisted Qualification Record). b. The specific instructions for completion of the numbered items on the DD Form 214 state the following: (1) In item 1 (Last Name – First Name – Middle Name) it states to enter last name, first name, and full middle name or names, if any. (2) In item 6 (Date of Birth) it states “self-explanatory.” //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210014483 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1