IN THE CASE OF: BOARD DATE: 9 May 2022 DOCKET NUMBER: AR20210014889 APPLICANT REQUESTS: correction of item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct first name and to show APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Live Birth 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 that in order to enter the service at an early age so he could help his mother with supporting his siblings, he provided incorrect information. 3. On 22 April 1971, the applicant completed a DD Form 398 (Statement of Personal History) and listed the first name he claims is incorrect and did not list as part of his full name. 4. The applicant was inducted into the Army of the United Sates on 6 May 1971. His DD Form 47 (Record of Induction) shows the first name he claims is incorrect and does not show 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 1 (Name and Service Number) the first name he claims is incorrect and does not show. The form also shows he signed the form listing the first name he claims is incorrect and included the as part of his signature. 6. The applicant was released from active duty and transferred to the U.S. Army Reserve on 11 July 1973. His DD Form 214 shows the first name he claims is incorrect and does not include in item 1. 7. A review of the applicant's official military personnel file reveled that, aside from his DA Form 20 which shows the in the signature block, he listed the first name he claims is incorrect and did not list the throughout his entire period of active service. 8. The applicant provided his Certificate of Live Birth which shows the first name he claims is correct and the BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. One possible outcome was to grant relief based upon the documentation provided; however, the applicant admitted to falsifying information to enter the military and therefore, the evidence in the service record does not demonstrate the existence of a probable error or injustice at the time of his military service. The Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion about the difference in the name in his military records and name on his certificate of birth. 3. 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. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING 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 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 (Separations Documents), in effect at the time of the applicant's active service, 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 the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210014889 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1