IN THE CASE OF: 
BOARD DATE: 19 August 2022 
DOCKET NUMBER: AR20220001199 




APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as shown on his Certificate of Birth, . 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)•Certificate of Birth, •DD Form 214•Social Security Card•Operator License, 20 February 2018•Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim), 21 October 2021

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 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 indicates his first name as when in fact his first name is . His DD Form 214 needs to be corrected to reflect his correct first name. His DD Form 214 is a vital document that must reflect his correct name for his pre-planning for his burial.3.His DD Form 398 (Statement of Personal History), 12 September 1966, shows his first name as  and authenticated by his signature.4.He enlisted in the Regular Army on 19 September 1966. His DD Form 4 (Enlistment Record – Armed Forces of the United States), 19 September 1966, show his first name as , authenticated by his signature and the signature of his recruiter.

5.On 8 September 1969, he was awarded the Army Good Conduct Medal, for the period 19 September 1966 through 18 September 1969.6.His DA Form 20 (Enlisted Qualification Record) shows his first name as and authenticated by his signature.7.He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 18 September 1969. His DD Form 214 shows in:•item 1 (Last Name – First Name – Middle Name) –his first name as •item 24a(1) (Net Service This Period) – 3 years•item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –•National Defense Service Medal•Vietnam Service Medal with four campaign stars (Note should state bronze service stars)•Vietnam Campaign Medal•two overseas service bars•item 32 (Signature of Person Being Transferred or Discharged) – his signature with his first name as 8.The HQDA, General Orders 8, 19 March 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the Headquarters, U.S. Army Vietnam and its subordinate units, which performed both significantly and heroically while serving in the Republic of Vietnam from 20 July 1965 to 28 March 1973.9.He provided a copy of his Certificate of Birth, Social Security card and his state Operator License, showing his first name as .

BOARD DISCUSSION: 

1.After reviewing the application, all supporting documents, and the evidence foundwithin the applicant's military records, the Board found that relief was not warranted.The applicant’s contentions, his military records, and regulatory guidance were carefullyconsidered. Evidence of record shows he used the contested name during his entireperiod of service. Therefore, the Board determined the overall merits of this case areinsufficient as a basis for correction of the records of the individual concerned.

2.The applicant is advised that a copy of this decisional document, along with hisapplication and the supporting evidence he provided, will be filed in his official militaryrecords.  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 the name on his birth certificate documented in his military records. 

3.Prior to closing the case, the Board did note the analyst of record administrativenotes below, and recommended the correction is completed to more accurately depictthe military service of the applicant.

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: 

Except for the correction addressed in Administrative Note(s) below, the Board found 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. 


Microsoft Office Signature Line...
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. 

ADMINISTRATIVE NOTE(S): 

The applicant is authorized correction of his DD Form 214 to show award of the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation without Board action. 

REFERENCES: 

1.Title 10, U.S. Code, section 1552(b), provides that applications for correction ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 15-185 (Army Board for Correction of Military Records) prescribesthe policies and procedures for correction of military records by the Secretary of theArmy acting through the ABCMR. The ABCMR begins its consideration of each casewith the presumption of administrative regularity. The applicant has the burden ofproving an error or injustice by a preponderance of the evidence.

3.Army Regulation 635-5 (Separation Documents), 23 January 1967, prescribed theseparation documents that will be furnished each individual who is separated from theArmy and established standardized procedures for preparation and distribution of thesedocuments. The purpose of a separation document is to provide the individual withdocumentary evidence of his/her military service. It is a vital record for interestedGovernment agencies which assist the veteran in obtaining the rights and benefits towhich he/she is entitled. It is important that information entered thereon is complete andaccurate. All available records will be used as a basis for the preparation of theDD Form 214A (Worksheet), including the DA Form 24 and DA Form 20. The specificinstructions for each item of the DD Form 214 stated for item 1 (Last Name – FirstName – Middle Name) – enter the last name, first name, and full middle name ornames, if any.

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