IN THE CASE OF: BOARD DATE: 2 May 2023 DOCKET NUMBER: AR20220010280 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his middle name as APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Certificate of Live Birth * Notification of Birth Registration * social security card * Marriage Register * U.S. Passport 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 misspelled and he would like it corrected for insurance purposes. The correct spelling is. The spelling had never previously been an issue. His middle initial had always been good enough, but the insurance company and Veterans Cemetery want it corrected. 3. An Acknowledgment of Service Obligation (Statement), dated 22 April 1968, shows the applicant’s middle name as on multiple locations on the form, to include the applicant’s signature, which he signed with the middle name 4. The applicant was inducted into the Army of the United States on 25 April 1968. His DED Form 47 (Record of Induction) shows his middle name in item 1 (Last Name – First Name – Middle Name) as 5. A Department of Veterans Affairs (VA) Form 29-8286 (Servicemen’s Group Life Insurance Election), dated 1 May 1968, reflects the applicant’s middle name as to include the applicant’s signature, which he signed with the middle name 6. The applicant’s DA Form 20 (Enlisted Qualification Record) does not list his middle name, but rather his middle initial 7. The applicant was honorably released from active duty on 17 April 1970 after 1 year, 11 months, and 23 days of net active service and transferred to the U.S. Army Reserve (USAR). His DD Form 214 in item 1 (Last Name – First Name – Middle Name) shows his middle name as 8. USAR Components Personnel and Administration Center Letter Orders Number 03- 1113898, dated 20 March 1974, honorably discharged the applicant from the USAR Control Group (Standby) due to expiration term of service. His name is shown on the orders with the middle initial 9. All documents in the applicant’s available service records reflect his middle name as or simply show his middle initial There are no documents in the applicant’s available service records reflecting his middle name as 10. The applicant provided the following documents, all of which reflect his middle name as * Certificate of Live Birth * Notification of Birth Registration * social security card * Marriage Register * U.S. Passport 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 middle name during his entire period of service. There is no evidence he used the requested middle name during his military service. The Board agreed that there was insufficient evidence to change the middle 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) AR20220010280 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1