IN THE CASE OF: BOARD DATE: 16 March 2023 DOCKET NUMBER: AR20220007997 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 May 1969 to show his middle 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 under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 * Hospital Birth Certificate, 30 December 1947 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 middle name is incorrectly shown on his DD Form 214. He requests correction of his DD Form 214 to show his middle name as shown on his birth certificate to prevent any issues with future benefits for which he may apply. 3. He enlisted in the U.S. Army Reserve on 17 August 1968. Item 5 (Last Name – First Name – Middle Name) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his middle name as 4. A review of his Official Military Personnel File revealed all applicable documents show his middle name as or the initial 5. He was ordered to active duty for training on 6 January 1969. He was honorably released from active duty to the control of the U.S. Army Reserve on 14 May 1969. He completed 4 months and 8 days of net service during this period. Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his middle name as 6. He enlisted in the Army National Guard on 10 December 1972. His National Guard Bureau Form 22 (Report of Separation and Record of Service in the Army National Guard of Michigan and as a Reserve of the Army) shows he was honorably discharged from the Army National Guard by reason of expiration term of service on 16 August 1974. His middle initial is shown as 7. He provided a copy of his hospital birth certificate showing his middle name as BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found relief is warranted. 2. The Board found the birth certificate provided by the applicant sufficient to confirm his middle name is incorrect on his DD Form 214. The Board determined the form should be corrected to show his correct middle name. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show the middle name shown on his birth certificate. 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 the evidence. 3. Army Regulation 635-5 (Separation Documents), 23 January 1967 and 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. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. a. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. 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) AR20220007997 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1