IN THE CASE OF: BOARD DATE: 12 October 2022 DOCKET NUMBER: AR20220002822 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 May 1972 to remove his middle name. 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) * DD Form 214 * State Learner's Permit, 1 October 2021 * State Identification Card, undated 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 doesn't have a middle name. He provided a copy of his State Identification Card showing his correct name. He would like to be buried in a national cemetery under his correct name when he dies. 3. Item 1 (First Name – Middle Name – Maiden Name (If Any) – Last Name) of his DD Form 398 (Statement of Personal History), 20 September 1970, shows the use of a middle name. Item 20 (Remarks) shows he authenticated this form with his signature using a middle name. 4. He was inducted into the Army of the United States on 12 October 1970. Item 1 (Last Name – First Name – Middle Name) of his DD Form 47 (Record of Induction), 12 October 1970, shows a middle name. 5. Item 1 (Last Name – First Name – Middle Name) of his DD Form 1584 (National Agency Check Request), 26 October 1970, shows a middle name and his Entrance National Agency Check was completed favorably. 6. He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 5 May 1972. His DD Form 214 for this period shows in: * item 1 (Last Name – First Name – Middle Name) * item 22a(1) (Net Service This Period) – 1 year, 6 months, and 24 days * item 32 (Signature of Person Being Transferred or Discharged) – his signature with the middle initial 7. The U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, memorandum (Request for Conditional Release), 6 June 1972, granted his conditional release to enlist in the U.S. Naval Reserve. His name is shown using the middle initial 8. U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 071240175, 5 July 1972, discharged him from the U.S. Army Reserve Control Group (Annual Training) effective 13 June 1972. His name is shown using the middle initial 9. He was discharged from the U.S. Navy on 14 August 1974. His DD Form 214 for this period shows in: * item 1 – * item 22a(1) – 1 year, 7 months, and 13 days * item 32 – his signature with the middle initial 10. His military records show he served under the middle name or middle initial throughout his military service. 11. His Standard Form 180 (Request Pertaining to Military Records), 1 November 1977, shows he requested a replacement DD Form 214 or its equivalent, stating his original discharge document was lost in moving. His name and signature are shown using a middle name. 12. The Army Review Boards Agency Case Management Division letter, 17 June 2022, requested a copy of his birth certificate for the ABCMR to consider his application. The Case Management Division placed his application on hold for a period of 30 days. He did not respond. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, 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. Upon review of the applicants petition and available military records the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested middle 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 middle name recorded in his military records and to satisfy his desire to have his legal middle name removed from the 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of evidence. 3. Army Regulation 635-5 (Separation Documents), 23 January 1967, prescribed the separation documents that are furnished to individuals who are separated from the Army and established standardized procedures for preparation and distribution of those documents. a. The general instructions stated all available records will be used as a basis for preparation of the DD Form 214, including the DA Form 20 (Enlisted Qualification Record) and orders. b. The specific instructions for item 1 stated to enter the last name, first name, and full middle name or names, if any. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220002822 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1