IN THE CASE OF:  
 
  BOARD DATE: 18 July 2023 
 
  DOCKET NUMBER: AR20230001102 
 
 
APPLICANT REQUESTS:  correction of the last name listed on his DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge) for the period ending on  3 March 1961. 
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• DD Form 256A (Honorable Discharge Certificate), 28 February 1965 

• Letter Orders, 28 February 1965 

• Memorandum – Subject: Discharge, 28 February 1965 

• Certificate of Live Birth, 10 March 2023 


 
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 he enlisted in the military utilizing the last name of his stepfather "P_." The full name utilized at that time was "G_ L_ P_" He notes he assumed this last name during his childhood despite his full birthname being "G_ L_ B_." He contests that he was not aware of this issue during his military service. However, recently he was advised this matter needed to be corrected for him to be entitled to benefits as a Veteran.  
 
3.  A review of the applicant's available service records reflects the following:  
 
a. On 19 March 1959, G_ L_ P_ was inducted into the Army of the United States. DD Form 47 (Record of Induction) item 5 (Date of Birth) reflects XX A___ 1940. 


 
b. On 10 November 1959, G_ L_ P_, completed a DD Form 93 (Record of Emergency Data). Item 4 (Date of Birth) reflects XX A___ 1940; Item 12a. (Father) 


reflects J_ P_ (the same last name as the service member); Item 13a. (Mother) reflects L_ "P" (the same last name as the service member). 


 
c. On 3 March 1961, G_ L_ P_ was released from active duty and transferred into the U.S. Army Reserve (USAR). DD Form 214, item 1 (Last Name - First Name – Middle Name) reflects "P_ G_ L_"; item 6 (Date of Birth) reflects XX A___ 1940. 


 
3.  The applicant provides the following a:  
 
a. DD Form 256A dated 28 February 1965, reflective of G_ L_ P_ being honorably discharged from the USAR.  


 
b. Letter Orders dated 28 February 1965, reflective of G_ L_ P_ being honorably discharged from the USAR on 28 February 1965. 


 
c. Memorandum – Subject: Discharge, dated 28 February 1965, reflective of G_ L_ P_ being honorably discharged from the USAR on 28 February 1965. 


 
d. Certificate of Live Birth dated 10 March 2023, reflective of G_ L _B_ (the applicants birth name) being born on XX A___ 1940. Item 6b. (Mother) reflects "L_ B_"; item 8a. (Fathers Current Legal Name) reflects "Not Recorded." 


 
BOARD DISCUSSION: 
 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered.  The evidence of record shows the applicant used the contested name during his period of military service. He did not use the requested name during that service. 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, unless there is sufficient evidence that shows a material error or injustice. Additionally, the applicant did not provide a post-discharge court-order for the name change. Based on a preponderance of evidence, the Board determined that the name listed on the applicant’s DD Form 214 at the time of his separation was not in error or unjust. 
 
  
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 found 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. 
 
  7/18/2023

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) 601-210 (Personnel Procurement Qualifications and Procedures for Processing Applicants for Enlistment and Reenlistment in the Regular Army) in effect at that time provides that in order that service claimed may be readily identified, requests for verification of prior service will contain the exact name under 
which the individual served, service number, organization from which last discharged, and type of discharge claimed.  
 
a. Before any applicant signs the record of induction, the recruiting officer will explain the nature of the service to which an enlisted person is entitled by law. recruiting officer will carefully explain the individual's liability about false representations in statements made by him. 


 
b. Before an applicant signs a prescribed form, the recruiting officer will carefully compare locally used forms with prescribed forms to ensure that entries correspond. Any changes with respect to branch for which enlisted, period of enlistment, assignment, preference, emergency addressee, designation of beneficiary, spelling of name, or declaration of applicant will be specifically called to the attention of the applicant for verification. The correctness of all entries on basic forms will be firmly established to the satisfaction of all concerned before signatures are obtained. Necessary corrections and/ or erasures will be initialed by the applicant and the recruiting officer prior to the administration of the oath. 


 
c. The recruiting officer will verify the age of every man applying for enlistment from civilian life who states he is under 21 years of age, or who claims a greater age but whose personal appearance indicates he may be under 21. The recruiting officer will require the applicant to present a birth certificate or a statement from the State Registrar of Vital Statistics, or other similar State official. 


 
3.  AR 635-5 (Separation Documents), prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. For item 1, enter last name, first name, and full middle name or names, in all capitals and compare to applicable documents for name change, if any at the time of separation.  
 
4.  AR 15-185 (ABCMR), paragraph 2-9 provides that 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. 
 
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