IN THE CASE OF: 

		BOARD DATE: 7 June 2023

		DOCKET NUMBER: AR20230000282


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).

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

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, 7 February 1972
*	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 his record is in error because his son is his name sake. He is a 
(). The applicant is now a senior (). He wants his name to be correct on his burial stone.

3.  The applicant enlisted in the Regular Army on 30 June 1970. All available service 
records reflect the contested name.

4.  He was honorably transferred to the U.S. Army Reserve on 7 February 1972. His DD 
Form 214 reflects the contested name.

5.  He served in the USAR from 8 February 1972 – 7 April 1972.

6.  He enlisted in the Pennsylvania Army National Guard (PAARNG) on 8 April 1972. 
His DD Form 4 (Enlistment Contract) reflects the contested name.

7.  On 29 June 1973, the applicant was honorably discharged from the PAARNG and 
transferred to the USAR to finish his remaining service obligation. His NGB Form 22 
(Report of Separation and Record of Service) shows the contested name.

8.  The applicant provides his PA driver’s license which shows the requested name.

9.  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:

1.  After reviewing the application and all supporting documents, 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. Upon review of the applicants 
petition and available military records the Board determined the evidence presented 
does not demonstrate the existence of a probable error or injustice at the time of his 
military service. Therefore, 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 will be filed in his 
official military personnel file. This should serve to clarify any questions or confusion 
about the difference in the name in his military records and name on his Driver's 
License.

?
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 (Personnel Separations – Administrative Separation 
Procedures and Forms), 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 name in all capital letters. Include 
“JR.” “SR.” or “II” if appropriate.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230000282


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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