IN THE CASE OF: 

		BOARD DATE: 3 August 2023

		DOCKET NUMBER: AR20230000564


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show his first name and date of birth (DOB) 
as they appear on his certificate of birth and legal documents.  

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

*	DD Form 149 (Application for Correction of Military Record)
*	driver’s license
*	Certificate of Navajo Indian Blood
*	certificate of birth
*	social security card

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 needs his name and DOB corrected for military benefits and 
assistance at local Veteran’s Affairs offices.  

3.  A DD Form 372 (Application for Verification of Birth for Official U.S. Armed Forces 
Use Only), dated 25 August 1970, shows the contested name and DOB. Section II 
(Corrections of Above Statements Made by Vital Records Office According to Facts on 
File) shows a correction to the applicant’s DOB; it shows the requested DOB. There 
was no correction to the applicant’s name.  

4.  The applicant completed a DD Form 398 (Statement of Personal History) on 
2 September 1970. It shows the contested name and DOB.  

5.  The applicant enlisted in the Regular Army for a period of 3 years on 
17 September 1970. His DD Form 4 (Enlistment Contract – Armed Forces of the United 
States) shows the contested name and DOB. His DD Form 369 (Police Record Check),
dated 23 September 1970, DD Form 1584 (National Agency Check Request), dated 
25 September 1970, and DA Form 428 (Application for Identification Card), dated 
31 August 1972, show the contested name and DOB. 

6.  The following documents show the contested name.  

*	Special Orders 185
*	VA Form 29-8286 (Servicemen’s Group Life Insurance Election), dated 
26 January 1971
*	Special Orders 35
*	Special Orders 48
*	Special Orders 79
*	Special Orders 72
*	Special Orders 74
*	Special Orders 128
*	Enlisted Evaluation Data Report, November 1972
*	Recommended List for Promotion to the Grade of E5, dated 27 March 1973
*	Special Orders 157
*	Special Orders 194
*	Enlisted Efficiency Report, dated 10 August 1973
*	Special Orders 250
*	Orders 08-1164201

7.  The applicant was honorably released from active duty and transferred to the 
Standby Reserve on 7 September 1973. His DD Form 214 shows the contested name 
and DOB.  

8.  The applicant provided his state issued driver’s license, Certificate of Navajo Indian 
Blood, and birth certificate to show his legal first name and DOB. He also provided his 
social security card showing his legal first name.  

BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found relief is warranted.

2.  The Board found that, although the contested name and DOB were recorded in his 
record consistently throughout his period of service, the applicant’s legal first name 
does have a unique spelling that may have caused the transposed letters resulting in 
the first name shown in his military records. The Board further found the DOB in the 
record to be, in essence, two digits off from his actual DOB. The Board determined both 
his name and his DOB should be corrected on his DD Form 214. 
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:xx	:xx	:xx	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by amending his DD Form 
214 to show his name and DOB as they are shown on his Certificate of Birth.

	 
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 (Personnel Separations – Separation Documents) prescribes 
policy and procedural guidance relating to transition management and explains 
separation document preparation, to include preparation of the DD Form 214 (Armed 
Forces of the United States Report of Transfer or Discharge).  
	a.  The instructions for the completion of item 1 (Name (Last, First, Middle) states, 
enter last name, first name and full middle name or names, if any.  

	(2) The instructions for the completion of item 9 (Date of Birth), enter date in the 
order shown.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230000564


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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