IN THE CASE OF: BOARD DATE: 4 August 2023 DOCKET NUMBER: AR20230000743 APPLICANT REQUESTS: correction of the last name listed on DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 24 September 1983 to reflect "O_" rather than "R_." APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Live Birth, 2 December 1961 * State of Nebraska Motor Vehicle Operators License, 8 February 1977 * Social Security Cards * Page 8, DD Form 1966/8 (Record of Military Processing), 18 July 1980 * U.S. Department of Veterans Affairs Identification Card * DD Form 214, 24 September 1983 * National Personnel Records Center letter, 20 October 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), 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 pertinent part that his most recently issued DD Form 214 incorrectly reflects his last name as "R_" rather than "O_". 3. A review of the applicant's available service records reflects the following: a. On 25 September 1980, the applicant enlisted in the Regular Army for 3 years. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the U.S.) executed at the time of enlistment reflects the applicant's last name as "R_" with a social security number ending in "xxx5." b. DA Form 2-1 (Personnel Qualification Record), item 1 (Name) shows the last name "R." c. On 24 September 1983, the applicant was honorably released from active duty and transferred into the U.S. Army Reserve (USAR) Control Group (Reinforcement). DD Form 214, item 1 (Name) reflects the applicant's last name as "R_"; item 3 (social security number) reflects a number ending in "xxx5." 4. The applicant provides the following a: a. Certificate of Live Birth dated 2 December 1961, reflective of the applicant being born on 2 December 1961, with the same last name as his father ("O_"). b. State of Nebraska Motor Vehicle Operators License dated 8 February 1977, reflective of the applicant being licensed to drive in the State of Nebraska. His last name on this document is "R_" with a social security number ending in "xxx5"; the same number reflected on his DD Form 214. c. Social Security Cards reflective of the applicant with the last name of "R_", social security number ending in "xxx5." The applicant also provided an additional social security card, last name ending in "O_" with the identical social security number. d. Page 8, DD Form 1966/8 dated 18 July 1980, reflective of the applicant advising the administrative personnel involved in his enlistment, that although his last name is "O_" he prefers to use the last name "R_" by which is known by the community as a matter of convenience. His last name had not been changed by legal procedure. e. U.S. Department of Veterans Affairs Identification Card, reflective of the applicant being referred to by the last name of "O_." f. National Personnel Records Center letter dated 20 October 2022, reflective of the applicant being redirected to this Board to request relief. 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, 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. Further, there is insufficient evidence that the applicant legally had his name changed post-service. 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. ? REFERENCES: 1. Title 10, USC, 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 (Separation Documents) provides that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. Personnel officers will prepare and authenticate DD Form 214WS (Worksheet) prior to forwarding records to the transfer facility. All available records will be used as a basis for the preparation of DD Form 214WS, including DA Form 2-1 (Personnel Qualification Record) and orders. Item 1 (Name) will reflect the service members name in capital letters. 3. AR 601-210 (Personnel Procurement Regular Army Enlistment Program) provides that DD Form 1966 (Record of Military Processing) will be completed at the time of initial enlistment. The DD Form 1966 will contain the complete legal name, to include the first, last and middle name. If name has been changed through court action from that shown on birth certificate, record original name in the "Remarks" section. If preferred enlistment name (name given in item 2) is not the same as on birth certificate and has not been changed by legal procedures prescribed by State law, complete item 48. If preferred enlistment name is different from name on SSN card, person must complete OOAN Form 7003, Request for Change of Social Security Record and submit it to the nearest Social Security District Office to change the Social Security record. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000743 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1