IN THE CASE OF: 

		BOARD DATE: 11 August 2023

		DOCKET NUMBER: AR20230000626


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 23 November 1988 to show the 
spelling of his last name as shown on his social security card.

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

*	two DD Forms 149 (Application for Correction of Military Record under the 
Provisions of Title 10, U.S. Code, Section 1552), 7 October 2022 and 
16 November 2022
*	DD Form 214 for the period ending 23 November 1988
*	U.S. Department of Veterans Affairs Member Identification Card
*	Social Security Card, 9 March 2017
*	National Personnel Records Center (NPRC) Letter, 5 August 2022

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 last name was misspelled on his DD Form 214. He is 
requesting correction so he can obtain an identification card and/or driver's license with 
the proper spelling.

3.  He enlisted in the Regular Army on 2 July 1986. Item 1 (Name (Last, First, Middle)) 
of his DD Form 4 (Enlistment/Reenlistment Document   Armed Forces of the 
United States) shows his last name spelled as R___g. He authenticated this form with 
his signature showing his last name spelled as R___g on 2 April 1986 and 2 July 1986.

4.  Item 1 (Name) of his DA Form 2-1 (Personnel Qualification Record   Part II) shows 
his last name spelled as R___g. He authenticated this form with his signature showing 
his last name spelled as R___g on 8 July 1986 and 16 January 1987.

5.  He was discharged from active duty on 23 November 1988. Item 1 (Name (Last, 
First, Middle)) of his DD Form 214 shows his last name spelled as R___g. He 
authenticated this form with his signature showing his last name spelled as R___g.

6.  His service records do not contain and he did not provide a copy of his birth 
certificate.

7.  He provided his U.S. Department of Veterans Affairs member identification card 
(issue date unknown) showing his last name spelled as R___gs.

8.  He provided his social security card issued 9 March 2017 showing his last name 
spelled as R___gs.

9.  The NPRC letter, 5 August 2022, responded to his request for copies of his service 
records. The enclosed documents are not identified. The letter shows his last name 
spelled as R___gs.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the applicant's military records, the Board found that relief was not warranted. The 
Board carefully considered the applicant's contentions, his military records, and 
regulatory guidance. Evidence of record shows the applicant used the contested name 
upon enlistment and upon signing the agreement, he attested to the validity of the 
information. There is insufficient evidence showing he used another name while in 
service. Even though the Board recognizes that there is post- service evidence that the 
applicant now uses the requested name, the Army has an interest in preservation of the 
record at the time it was created. Based on the preponderance of evidence available for 
review, the Board determined the evidence presented insufficient to warrant a 
recommendation for relief.  

?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:xx	:xx	:xx	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

 The Board determined 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.


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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), 15 August 1979, 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. It established 
standardized policy for preparing and distributing the DD Form 214.

   a.  The general instructions stated to ensure that all information entered on the 
DD Form 214 is accurate. Personnel officers will use the following source documents 
when preparing DD Forms 214 and other separation documents:

*	DA Form 201 (Military Personnel Records Jacket)
*	DA Forms 2 and 2-1 (Personnel Qualification Records)
*	separation orders
*	DD Forms 4 (Enlistment/Reenlistment Documents)
*	DA Form 3716 (Personnel Financial Record)
*	enlistment records and DD Forms 214 for prior-service personnel
*	any other available records

	b.  The specific instructions for item 1 stated to enter the name in all capital letters. 
Include "JR," "SR," or "II" when needed.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230000626


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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