IN THE CASE OF: BOARD DATE: 22 February 2023 DOCKET NUMBER: AR20220007517 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his name as shown on his birth certificate. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * birth certificate * Social Security card * driver’s license * Medicare card * United Healthcare card * voter’s registration 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 he needs his name corrected to show instead of. When he entered school in first grade he was taught to spell his name as when it is in fact spelled. His birth certificate, State, and Federal records show his name to be. Please correct his name. 3. A Standard Form 88 (Report of Medical Examination) shows the applicant underwent medical examination for the purpose of Army enlistment on 1 April 1977. This form shows the contested name. 4. On 1 April 1977, the applicant enlisted in the U.S. Army Reserve (USAR) and requested USAR discharge for the purpose of Regular Army enlistment on 27 July 1977. His DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows the contested name. 5. On 24 March 1981, the applicant reenlisted in the Regular Army for an additional 4 years. His DD Form 4 documenting this immediate reenlistment shows the contested name. 6. On 18 March 1983, the applicant extended his Regular Army enlistment by 3 months. His DA Form 1695 (Oath of Extension of Enlistment) shows the contested name. 7. The applicant was honorably discharged on 17 October 1985, due to expiration term of service, after 8 years, 2 months, and 21 days of net active service. His DD Form 214 shows the contested name. 8. USAR Personnel Center Orders 0-10-079030, dated 12 October 1988, honorably discharged the applicant from the USAR Ready Reserve. The contested name is shown on the orders. 9. The applicant provided the following documents, all of which show the requested name: * birth certificate * Social Security card * driver’s license * Medicare card * United Healthcare card * voter’s registration card 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 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. 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 name recorded in his military records and to satisfy his desire to have his legal name documented in his military records. Based on this the Board determined relief was not warranted and denied relief. 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, prescribes the separation documents which are prepared for individuals upon retirement, discharge or release from active military service or control of the Army and establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). The specific instructions for preparation of item 1 (Name (Last, First, Middle)) state to enter the name in all capital letters and to include “JR,” “SR,” or “II” when needed. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007517 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1