IN THE CASE OF: BOARD DATE: 30 June 2023 DOCKET NUMBER: AR20230000737 APPLICANT REQUESTS: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the spelling of his last name and date of birth as shown on his Certificate of Live Birth * correction of his Honorable Discharge Certificate to show the proper spelling of his last name APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 214 * Honorable Discharge Certificate * Certificate of Live Birth, issued 24 September 2003 * Driver's License, 2 November 2021 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, in effect, the spelling of his last name and date of birth are incorrect as shown on his DD Form 214 and Honorable Discharge Certificate. 3. His DD Form 398 (Statement of Personal History), 2 August 1965, shows in: * item 1 (First Name Middle Name Last Name) his last name spelled as O___s * item 5 (Date of Birth) * item 10 (Family) the spelling of his father's and sister's last name as O___s 4. His Standard Form 88 (Report of Physical Examination) and Standard Form 89 (Report of Medical History), 2 August 1965, show his last name spelled as O___s and his date of birth as . Item 14 (Name, Relationship, and Address of Next of Kin) shows his mother's last name spelled as O___s. 5. His DD Form 47 (Record of Induction), 2 August 1965, shows his last name spelled as O___s and his date of birth as . 6. Armed Forces Examining and Entrance Station Special Orders Number 23, 2 August 1965, shows his last name spelled as O___s. 7. His DA Form 3027 (U.S. Army Request for National Agency Check), 30 November 1965, shows his last name spelled as O___s and his date of birth as . 8. His DA Form 873 (Certificate of Clearance and/or Security Determination under Equal Opportunity 10450), 14 February 1966, shows his last name spelled as O___s and his date of birth as . 9. His Standard Form 88 and Standard Form 89, 3 July 1965, show his last name spelled as O___s and his date of birth as . Item 14 (Name, Relationship, and Address of Next of Kin) shows his mother's last name spelled as O___s. 10. Headquarters, U.S. Army Support Detachment, Special Orders Number 103, 18 July 1967, show his last name spelled as O___s. 11. His DA Form 48 (Record of Emergency Data), 1 August 1967, shows his last name spelled as O___s and his date of birth as . His parents' last names are spelled as O___s. 12. His DA Form 20 (Enlisted Qualification Record) shows his last name spelled as O___s, his date of birth as , and his signature spelling his last name as O___s. 13. He was honorably released from active duty on 1 August 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows in: * item 1 (Last Name, First Name, Middle Name) his last name spelled as O___s * item 9 (Date of Birth) his date of birth as 14. U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 07-1142362, 28 July 1971, and his Honorable Discharge Certificate show his last name spelled as O___s. 15. His Certificate of Live Birth, certified to be a true and correct reproduction on 24 September 2003, shows his last name spelled as O____ and his date of birth as . 16. His driver's license, 2 November 2021, shows his last name spelled as O____ and his date of birth as BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The applicant s contentions, the military record, and regulatory guidance were carefully considered. 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. 2. 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 last name in his military records and last name on his social Certificate of Live Birth. 3. 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. 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 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-5 (Separation Documents), 23 January 1967, prescribed the separation documents that are furnished to individuals who are separated from the Army and established standardized procedures for preparation and distribution of those documents. a. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214, including the DA Form 20 and orders. b. The specific instructions for: * item 1 stated to enter the last name, first name, and full middle name or names, if any * item 9 stated this entry is self-explanatory //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000737 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1