IN THE CASE OF: 

		BOARD DATE: 24 May 2023

		DOCKET NUMBER: AR20220010695


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation from 
Active Duty) and National Guard Bureau (NGB) Form 22 (Report of Separation and 
Record of Service) to show the spelling of his last name as instead of 
.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Certificate of Birth
*	driver license
*	Department of Veterans Affairs identification card

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 last name was misspelled at the time of enlistment.

3.  The applicant enlisted in the Regular Army on 1 December 1972. His DD Form 4 
(Enlistment Contract – Armed Forces of the United States) shows the last name he 
claims is incorrect. He signed the DD Form 4 and spelled his last name as the last 
name he claims is incorrect.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the last name he 
claims is incorrect. 

5.  The applicant was released from active duty on 24 November 1975. His 
DD Form 214 shows the last name he claims is incorrect. He signed his DD Form 214 
listing the last name he claims is incorrect.

6.  The applicant enlisted in the Army National Guard on 17 January 1976. His 
DD Form 4 shows the last name he claims is incorrect. 

7. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows the last 
name he claims is incorrect.

8.  The applicant was discharged from the ARNG and transferred to the U.S. Army 
Reserve (USAR) on 16 January 1977. His NGB Form 22 shows the last name he claims 
is incorrect.

9. The applicant was discharged from the USAR on 30 November 1978. His USAR 
discharge orders show the last name he claims is incorrect. 

10.  A review of the applicant's available records revealed he listed the last name he 
claims is incorrect throughout his entire periods of military service.

11.  The applicant provided his Certificate of Birth and driver license showing the last 
name he claims is correct. 


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 last 
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 last 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, U.S. 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, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army. It established standardized policy for the 
preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's 
most recent period of continuous active service. It provides a brief, clear-cut record of 
active Army service at the time of release from active duty, retirement, or discharge.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220010695


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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