IN THE CASE OF: 

		BOARD DATE: 11 April 2023

		DOCKET NUMBER: AR20220009424


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 29 January 1988 to show his last 
name and date of birth (DOB) as shown on his birth certificate:

*	Name: 
*	DOB: 

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
*	Certification of Birth, 

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 name and birthdate are incorrect as shown on his 
DD Form 214 for the period ending 29 January 1988.

3.  The applicant enlisted in the Army National Guard on or about 20 February 1981. His 
Enlistment Contract for this period is not available for review. 

4.  On 24 August 1981, he was ordered to active duty for training as a member of the 
Army National Guard. He was relieved from active duty for training on 17 November 
1981. His DD Form 214 for this period shows his full name as and his birthdate as 


5.  He enlisted in the U.S. Army Reserve under the Delayed Enlistment Program with a 
commitment to enlist in the Regular Army no later than 25 March 1986. His DD Form 4 
(Enlistment/Reenlistment Document Armed Forces of the United States) shows his full 
name as and his date of birthdate as. He enlisted in the Regular Army on 25 March 
1986.

6.  His DA Form 4187 (Personnel Action), 27 March 1986, shows he requested to 
change his name from. He indicated his name was erroneously entered on his 
DD Form 4. His request was approved on the same date.

7.  Item 1 (Name) of his DA Form 2-1 (Personnel Qualification Record – Part II), 
reviewed on 30 July 1986, shows his full name as 

8.  He was honorably discharged on 29 January 1988. His DD Form 214 for this period 
shows his full name as and his birthdate as 

9.  His birth certificate issued on 26 March 2012 shows his full name as and his 
birthdate as 

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was partially warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.

	a.  The evidence of record shows the applicant’s DD Form 214 for the period 24 
August to 17 November 1981 listed his DOB as the. His subsequent enlistment listed 
his DOB as the. Since there is at least one military document in his service record that 
corroborates his requested DOB, the Board determined his DD Form 214 for the period 
ending on 29 January 1988 should be corrected to reflect the requested DOB. 

	b.  The evidence of record also shows the applicant used the requested name during 
his service. Although he enlisted under the requested name, he applied for a name 
change via a DA Form 4187, during his military service, to the contested name. 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.  


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 amending 
his DD Form 214 ending on 29 January 1988 to show a date of birth similar to that 
shown on his birth certificate.  

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 changing his 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 (Separation Documents), effective 1 October 1979, 
prescribed the separation documents that must be prepared for Soldiers upon 
retirement, discharge, or release from active duty service or control of the Active Army. 
It established standardized policy for preparing and distributing the DD Form 214.

	a.  The general instructions stated to ensure that all information entered on the 
DD Form 214 is accurate. Personnel officers will use the following source documents 
when preparing DD Forms 214 and other separation documents:

*	DA Form 201 (Military Personnel Records Jacket)
*	DA Forms 2 and 2-1 (Personnel Qualification Records)
*	separation orders
*	DD Forms 4
*	DA Form 3716 (Personnel Financial Record)
*	enlistment records and DD Forms 214 for prior service personnel
*	any other available records

	b.  The specific instructions for item 1 (Name (Last, First, Middle)) stated to enter the 
name in all capital letters. Include "JR," "SR," or "II" when needed.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220009424


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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