IN THE CASE OF: BOARD DATE: 2 May 2023 DOCKET NUMBER: AR20220009664 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his first name as APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * United States of America Certificate of Citizenship * birth certificate 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 wants his service records corrected from the first name the military used to his actual name, because the name that was used during his time in the Army was never his actual name; it was anglicized. 3. The applicant enlisted in the Regular Army on 9 February 1967. His DD Form 4 (Enlistment Record – Armed Forces of the United States) reflects his first name as in item 1 (Last Name – First Name- Middle Name), item 41 (Oath of Enlistment), and the two locations on the form requiring the applicant signature, where he twice signed his name as 4. The following documents in the applicant’s service records all reflect his first name as * DA Form 20 (Enlisted Qualification Record) * Certificate of Clearance and/or Security Determination under EO 10450, dated 4 October 1968 * Standard Form 88 (Report of Medical Examination), dated 28 October 1969 5. The applicant was honorably released from active duty after 3 years of net active service on 8 February 1970, due to expiration of term of service and transferred to the U.S. Army Reserve. His DD Form 214 in item 1 (Last Name-First Name-Middle Name) reflects his first name as 6. All available documents in the applicant’s service records reflect his first name as 7. There are no documents in the applicant’s available service records reflecting his first name as 8. The applicant provided the following documents, both of which reflect his first name as * United States of America Certificate of Citizenship * birth certificate BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the applicant used the contested first name during his entire period of service. There is no evidence he used the requested first name during his military service. The Board agreed that there was insufficient evidence to change the first name on the DD Form 214. 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, unless there is sufficient evidence that shows a material error or injustice. ? 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, 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 and established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. The specific instructions for item 1 (Last Name – First Name – Middle Name) state to enter the last name, first name, and full middle name or names, if any. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009664 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1