IN THE CASE OF: BOARD DATE: 25 April 2023 DOCKET NUMBER: AR20220009676 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 15 February 1968 to show his name as instead of 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 (poor quality copy) * 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 his name is however, the military Americanized his name to. The name reflected in his military records is incorrect and is causing him legal issues and confusion. 3. His DD Form 398 (Statement of Personal History), 16 February 1966, shows he recorded his full name as. 4. On 16 February 1966, he was inducted into the Army of the United States. His DD Form 47 (Record of Induction) shows his name as. 5. Item 1 (Name) of his DA Form 20 (Enlisted Qualification Record) shows his name as. 6. He was honorably released from active duty on 15 February 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows his name as. 7. He provided a copy of his birth certificate showing his full name as. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was partially warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. The evidence of record shows the applicant used the first name throughout the period covered by his DD Form 214. All documents in his service record show the first name. He did not use the 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, unless there is sufficient evidence that shows a material error or injustice. However, several of the applicant’s service record show he did with his name. His DD Form 214 does not reflect 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 adding the suffix Jr to the name shown on his DD Form 214. 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 amending the name shown on his DD Form 214 from. 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), 1 February 1967, 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 all available records would be used as a basis for preparation of the DD Form 214, including the DA Form 20 and orders. b. The specific instructions for item 1 (Last Name – First Name – Middle Name) stated to enter the last name, first name, and full middle name or names, if any. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009676 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1