IN THE CASE OF: 

		BOARD DATE: 9 May 2023

		DOCKET NUMBER: AR20220009864


APPLICANT REQUESTS: correction of item 1 (Last Name, First Name, Middle Name) 
on his DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge) to show his first name as reflected on his Notification of Birth Registration.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Notification of Birth Registration
*	Social Security card
*	Marriage Record

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 was born with the first name [as shown on his Notification of 
Birth Registration]. He would like his military record to show his legal name.

3.  The applicant's military records are not available to the Board for review. A fire 
destroyed approximately 18 million service members’ records at the National Personnel 
Records Center in 1973. It is believed his records were lost or destroyed in that fire. 
However, there were sufficient documents remaining in a reconstructed record to 
conduct a fair and impartial review of this case. This case is being considered using 
reconstructed records, which primarily consist of a DD Form 214.

4.  The applicant enlisted in the Regular Army on 5 January 1955. An alpha roster 
shows the contested name.

5.  Special Orders Number 244, issued by U.S. Army Transfer Station, Fort Sheridan, 
IL, on 6 December 1957, shows the contested name.
6.  On 7 December 1957, the applicant was honorably released from active duty and 
transferred to the U.S. Army Reserve. His DD Form 214 shows the contested name.

7.  The applicant provides:

	a.  Notification of Birth Registration which shows the requested name.

	b.  Social Security card which shows the requested name.

	c.  Marriage Record which shows the requested name.

8.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a 
summary of the Soldier's most recent period of continuous active duty. It provides a 
brief, clear-cut record of all current active, prior active, and prior inactive duty service at 
the time of release from active duty, retirement, or discharge. The information entered 
thereon reflects the conditions as they existed at the time of separation.

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 (AR) 635-5 (Separation Documents) states the DD Form 214 is a 
summary of the Soldier's most recent period of continuous active duty. It provides a 
brief, clear-cut record of all current active, prior active, and prior inactive duty service at 
the time of release from active duty, retirement, or discharge. The information entered 
thereon reflects the conditions as they existed at the time of separation. Item 1 states 
enter last name, first name, and spell out the full middle name or names, if any.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220009864


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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