IN THE CASE OF: BOARD DATE: 2 February 2023 DOCKET NUMBER: AR20220007541 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his military records to reflect his birth name, “Solon John Fenner.” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Commonwealth of Pennsylvania Certification of Birth * Eight (8) identification cards 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, in effect, he would like his DD Form 214 and his discharge orders to reflect his birth name. He is a senior now, so he would like his name to reflect “Solon John Fenner Sr.” This is the name he has used his entire life. 3. The applicant provides: a. DD Form 214 that shows in item 1 (Name – last, first, middle) as “Fenner, John Paul”. It also shows he was honorably discharged on 8 May 1969, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), separation program number (SPN) 375, discharge of personnel, who did not meet medical fitness standards at time of enlistment. He served 1 year and 2 days of net service this period. b. Commonwealth of Pennsylvania Certification of Birth reflects his name as “Solon John Fenner,” born on 17 October 1946. c. Eight identification cards that reflect his name as “Solon John Fenner Sr” on the following: * (2) Social Security card * (2) Pennsylvania Driver’s License * Veteran Affairs medical card * Matanuska-Susitna Borough Emergency Services * New York Driver License * Medicare Health Insurance card * Alaska Concealed Handgun Permit 4. A review of the applicant’s service record shows: a. SSS Form 223 (Order to Report for Armed Forces Physical Examination), dated 26 March 1968, shows the applicant’s name as “Solon John Fenner.” b. USAREC Form 131-R (Applicant’s Statement of Name Change), dated 1 May 1968, reflects the applicant submitted the form which states, “I hereby state that I have not changed my name through any court procedure, and, that I prefer to use the name, John Fenner, as a matter of convenience and with no intent to defraud. I further state that I am the same person whose name appears on the above-mentioned birth certificate.” The two witnesses listed on the form was the applicant’s mother and step- father. c. He enlisted in the Regular Army on 7 May 1968. d. The applicant was honorably discharged on 8 May 1969, under the provisions of AR 635-200, SPN 375. 5. The name in its entirety, John Paul Fenner, was used to identify the applicant throughout the entire period of his military service; it is consistently represented in the documents contained in his Military Personnel Records Jacket, including his DD Form 214. He authenticated many documents by placing his full signature in the appropriate block attesting to the correctness of his personal data. Aside from the documents completed and submitted prior to his basic entry date, the requested name, Solon John Fenner, does not appear in his available military records. 6. AR 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214. 7. 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. One potential outcome discussed was to grant relief based upon the multiple forms of identification provided by the applicant showing his birth name. However, based upon the applicant using the contested throughout his period of military service, the Board concluded there was insufficient evidence of an error or injustice warranting a change to the name reflected on the DD Form 214. 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 in regard to the difference in his name recorded in his military record and the name currently being used by the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :xx : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :xx :xx 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, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. Paragraph 2-2 states, personnel officers will use the DA Form 201 (Military Personnel Records Jacket, MPRJ), DA Form 2 and 2-1 (Personnel Qualification Records), Separation Orders, DD Form 4/4 (Enlistment/Reenlistment Document – Armed Forces of the United States, DA Form 3716 (Personnel Financial Record), Enlistment records and DD Forms 214 for prior service personnel, and any other available records when preparing DD Form 214WS (Worksheet). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007541 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1