IN THE CASE OF: BOARD DATE: 19 July 2023 DOCKET NUMBER: AR20230000116 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his first name as in lieu of APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * social security card * driver’s license 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 used his middle name while in the Army, but he needs his DD Form 214 to show his legal name, which is with middle initial . He cannot use his DD Form 214 as proof of service as his name does not match his driver’s license or passport. 3. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 26 May 1983. On 22 November 1983, he was discharged from the DEP and enlisted in the Regular Army. His DD Form 4 (Enlistment/Reenlistment Document) on all items containing his name, to include the signature block, reflects his first name as with no middle name or middle initial. 4. The following documents contained in his service records reflect his first name as , with no middle name or middle initial: * DA Form 873 (Certificate of Clearance and/or Security Determination), dated 11 January 1984 * DA Form 2-1 (Personnel Qualification Record) 5. The applicant was honorably released from active duty due to expiration term of service after 3 years on 21 November 1986, and transferred to the U.S. Army Reserve (USAR Control Group (Reinforcement). His DD Form 214 reflects his first name as , with no middle name or middle initial. 6. USAR Personnel Center Orders D-05-048247,dated 24 May 1989, honorably released the applicant from the USAR effective 25 May 1989. The orders reflect his first name as , with no middle name or middle initial. 7. All of the applicant’s available service records reflect his first name as , with no middle name or middle initial. There are no documents in the applicant’s available service records reflecting his first name as , his middle name as , or his middle initial as. 8. The applicant provided a copy of his social security card and his driver’s license, both of which respectively reflect his first name as and his middle name as and his middle initial as . 9. On 15 February 2023, the Army Review Boards Agency (ARBA) sent the applicant a letter requesting he provide a copy of his birth certificate, but he did not respond. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. The Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested name during his entire period of service. The Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. Based on this the Board determined relief was not warranted and denied relief. 2. 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. 3. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the first name recorded in his military records and to satisfy his desire to have his legal first name documented in his military records. 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, prescribes the separation documents which are prepared for individuals upon retirement, discharge or release from active military service or control of the Army and establishes standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). The specific instructions for preparation of item 1 (Name (Last, First, Middle)) state to enter the name in all capital letters and to include “JR,” “SR,” or “II” when needed. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000116 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1