IN THE CASE OF: BOARD DATE: 17 May 2023 DOCKET NUMBER: AR20220009643 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as it appears on his birth certificate. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * birth certificate * social security card * driver’s license * DD Form 214 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 he would like his name corrected to show as it appears on his birth certificate. When he goes to get his government, headstone placed at his final resting place, he would like for it to show the way his name has always been and is indicated on the documents being provided. He is still trying to figure out how or where they got the name used when he enlisted and how they took it upon themselves to give him a middle name? His birth certificate does not even indicate one, so where or how did they get that he had the middle name as well? 3. The applicant enlisted in the United States Army Reserve on 29 March 1976 for a period of 6 years in the delayed entry program (DEP). He was discharged from the DEP enlisting in the Regular Army for a period of 3 years on 30 June 1976. His DD Form 4 (Enlistment or Reenlistment Agreement) shows the contested name in block 1 Name (Last, First, Middle, Jr., Sr., etc), and he signed his name as such. 4. The applicant’s DD Form 1966 (Record of Military Processing) shows the contested name and he signed his name as such. In section III (Verification of Personal Data) the applicant acknowledged his name of record is not the same as his birth certificate, and indicated he preferred to use the contested name. He certified his preference by signing with the contested name. In reference to the use of a middle name, item IV (Other Background Data) shows his father’s middle name as the one shown for the applicant and with suffix . 5. A DA Form 1695 (Oath of Extension of Enlistment), dated 19 February 1979, shows the contested name. 6. The applicant reenlisted in the Regular Army on 30 April 1979 for a period of 3 years. His DD Form 4 shows the contested name, and he signed his name as such. Additionally, he signed his Statements for Enlistment with the contested first and middle name. 7. The applicant was honorably discharged on 29 April 1982. His DD Form 214 shows the contested name . The applicant signed the form with the contested first name and middle initial. 8. A review of the applicant's available records revealed use of the contested name throughout his entire period of military service. 9. The applicant provided his birth certificate, social security card and driver’s license showing the requested name. 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. Upon review of the petition and the applicant’s military records, the Board determined 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 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 to match his birth certificate. 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 : : : 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 (AR) 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, REFRAD service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states that the source documents for entering information on the DD Form 214 will be the Enlisted Record Brief (ERB), Officer Record Brief (ORB), enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, or any other document authorized for filing in the Official Military Personnel File. (1) Paragraph 2-2 (Source documents) states DA Form 20 (Enlisted Qualification Record) and DA Form 66 (Officer Qualification Record) are the basic source documents for preparing DD Form 214WS (Worksheet). However, in preparing DD Form 214WS, personnel officers should review all available documents such as the MPRJ (Military Personnel Records Jacket), DA Form 2143 (Military Personnel Financial Data Records, US Army) DA Form 3716 (Personal Financial Record), reassignment orders, enlistment or induction records, and any DD Forms 214 for prior service. (2) Paragraph 2-7 states for item 1 (Name), enter name in order shown on DD Form 214, using all capital letters, and including abbreviation for junior, senior, second, when appropriate. 3. AR 635-8 (Separation Processing and Documents), currently in effect, prescribes policy and procedural guidance relating to transition management and explains separation document preparation, to include preparation of the DD Form 214 (Certificate of Release or Discharge from Active Duty). a. The DD form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. b. The instructions for the completion of item 1 (Name (Last, First, Middle) state to compare the original enlistment contract or appointment order and review the official record for possible name changes. If a name change occurred and is recorded in the official record, list other names of record in item 18 (Remarks). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009643 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1