IN THE CASE OF: BOARD DATE: 22 February 2023 DOCKET NUMBER: AR20220007988 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) by deleting the middle name APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Certificate of Live Birth * social security card * driver license 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 the middle name does not appear on her social security card or birth certificate. She does not want her son to have any problems with her death benefits when she passes. 3. The applicant's DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows she listed her middle name as 4. The applicant enlisted in the Regular Army on 22 February 1989. Her DD Form 4 (Enlistment/Reenlistment Document) shows her middle name as 5. The applicant's records contain the following documents showing her middle name as or the middle initial . * DD Form 398-2 (Personnel Security Questionnaire (National Agency Check)) * DD Form 1172 (Application for Uniformed Service Identification Card) * Record of Emergency Data * DA Form 2-1 (Personnel Qualification Record) 6. The applicant was released from active duty (REFRAD) on 9 April 1992. Her REFRAD orders and DD Form 214 show her middle name as 7. A review of the applicant's available records revealed she listed her middle name as throughout her entire period of active service. 8. The documents provided by the applicant in support of her application do not show a middle name. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was 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 middle name during her 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. The applicant is advised that a copy of this decisional document, along with her application and the supporting evidence she provided, will be filed in her official military records. This should serve to clarify any questions or confusion regarding the difference in the middle name recorded in her military records and to satisfy her desire to have her legal middle name documented in her military records. considered. 3. However, the board determined the applicant applicant's service record did not reflect she was awarded the Army Good Conduct Medal (1st award) and her record shows she received "excellent" conduct and efficiency ratings throughout her service for the period of 22 February 1989 to 21 February 1992. Based on this the Board determined partial relief was warranted and granted partial relief for correction of the applicant’s record to show award of the Army Good Conduct Medal. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding her the Army Good Conduct Medal (1st Award) for exemplary service from 22 February 1989 to 21 February 1992 and adding the medal to her DD Form 214 for the period ending 21 February 1992. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of her DD Form 214 by deleting the middle name. 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 (Separations 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) AR20220007988 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1