IN THE CASE OF: 

		BOARD DATE:  9 May 2022

		DOCKET NUMBER: AR20210014891


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) to reflect his last name as in lieu of 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	U.S. Passport
*	driver’s license

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 DD Form 214 should be corrected to show the correct 
spelling of his last name as. All of his other legal documents reflect his last name as.

3.  A Standard Form 89 (Report of Medial History) shows the applicant provided his 
pertinent medical history and underwent a medical examination on 20 January 1964, for 
the purpose of enlistment in the Regular Army. The form shows his last name to be.

4.  On 21 January 1964, the applicant enlisted in the Regular Army. His DD Form 4 
(Enlistment Record – Armed Forces of the United States) shows his last name to be.

5.  The following documents in the applicant’s service records likewise show his last 
name to be:

*	DA Form 20 (Enlisted Qualification Record)
*	Headquarters XVIII Airborne Corps and Fort Bragg Special Orders Number 166, 
dated 19 July 1967

6.  The applicant was honorably released from active duty on 20 July 1967, after 3 
years and 6 months of net active service, including 11 months and 24 days in Vietnam. 
His DD Form 214 shows his last name to be.

7.  There are no documents in the applicant’s available records reflecting his last name 
as.

8.  The applicant provided a copy of his U.S. Passport and his driver’s license, both of 
which show his last name to be. 


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 service record remained consistent with 
the name on his DD Form 214 and did 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 U.S. Passport.

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 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 Documents), in effect at the time, prescribed the 
separation documents that must be prepared for Soldiers upon retirement, discharge, or 
release from active duty service or control of the Active Army and established 
standardized policy for preparing and distributing the DD Form 214. The general 
instructions stated all available records would be used as a basis for preparation of the 
DD Form 214. The specific instructions for item 1 (Last Name – First Name – Middle 
Name) state to enter the last name, first name, and full middle name or names, if any.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210014891


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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