IN THE CASE OF: BOARD DATE: 6 April 2022 DOCKET NUMBER: AR20220000095 APPLICANT REQUESTS: correction of the name listed on his DD Form 214 (Certificate of Release of Discharge from Active Duty), the (contested name) to instead reflect the (requested name). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 30 August 2021 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 2 November 1988 * Certification of Birth, Vital Records Certificate, * Social Security Number Card, Social Security Administration, * Passport, U.S. Department of State, 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 when he was asked to prove his military service, the names were wrong on every document he was provided. 3. A review of the applicant's military service records shows: a. On 12 January 1961, he enlisted in the U.S. Army Reserve for a period of 6 years and subsequently reenlisted in the Regular Army on 12 June 1981 for a period of 3 years. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his name entered in block 1 (Name) and authenticated with his signature as the contested name. b. All of the documents contained in his service records show his name as the contested name and/or that he authenticated with his signature as using the contested name, including but not limited to: * DIS Form 1 (Department of Defense Investigative Service), 20 July 1981 * VA Form 29-8286 (Serviceman Group Life Insurance Election), 11 August 1986 * Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Permanent Orders 054-068, 22 March 1988 * DA Form 428 (Application for Identification Card), 29 July 1988 * DD Form 214, 2 November 1988 4. On 2 November 1988, he was honorably released from active duty. His DD Form 214 shows his name as 5. He provided copies of documents showing his name as : * City Certificate of Birth issued in * U.S. Passport issued by the Department of Justice in * SSN Card issued by the Social Security Administration in 6. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. 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 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 recorded in his military records and to satisfy his desire to have his legal 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. 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 (Separation Documents) in effect at the time, provided that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. This regulation also prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparing the DD Form 214. It stated to enter in block 1 the name in all capital letters. Include "Jr," Sr," or "II" when needed. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220000095 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1