IN THE CASE OF:  
 
  BOARD DATE: 1 August 2023 
 
  DOCKET NUMBER: AR20230001119 
 
 
APPLICANT REQUESTS:  in effect, to change his last name from "Byr__" to "Smi__" on his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 
22 August 1980.  
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149 (Application for Correction of Military Record) 

• Applicant's statement 

• Maryland Certification of Birth, 27 September 1956 

• DD Form 214, 22 August 1980  

• United States Passport  

• Social Security Card 


 
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  
 
 a.  He served as "Byr__" and when he got out, he assumed his birth name of "Smi____." The reason he served as "Byr___" was because his mother remarried, and they assumed his stepfather's name. He did not change it while on active duty and figured he would have no trouble getting it changed later. His wife is afraid she will have trouble after the event of his death, burial, and such. His DD Form 214 says the name of "Byr___" and that conflicts with all other documents he has.  
 
 b.  His birth name is T_ H_ "Smi__". He served as T_ H_ "Byr__." "Byr__" being his stepfather's name. It was assumed when his mother remarried. When he got out of the service, he assumed the name "Smi__", the name on his birth certificate and he was no 
longer living in his parent's home. Please consider this as a formal request and just reason to apply for the change.  
3.  A review of the applicant's military records show the following: 
 
 a.  On 3 July 1974, DA Form 4 (Enlistment Contract – Armed Forces of the United States) shows he enlisted in the Regular Army. Item 5 (Last – First Name – Middle Name) shows his name as "Byr__" T_ H_." 
 
 b.  The last name "Byr___" was used during the entire period of his military service and listed on the following forms: 
 
• DD Form 398 (Statement of Personal History) 

• DA Form 873 (Certificate of Clearance and/or Security Determination) 

• DD Form 4  

• DA Form 2 (Personnel Qualification Record (PQR) – Part 1) 

• DA Form 2-1 (PQR – Part II) 


 
 c.  On 22 August 1980, DD Form 214 shows he was honorably discharged. Item 1 (Name) shows "Byr__", T_ H_." 
 
4.  The applicant provides his Maryland Certification of Birth,  United States Passport, and Social Security Card showing his name as T_ H_ "Smi__." 
 
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 applicant's contentions, military records, and regulatory guidance were carefully considered. The evidence of record shows the applicant used the contested last 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 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 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.   
 
  8/1/2023

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) 15–185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. In pertinent part, it states 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. The ABCMR will decide cases based on the evidence of record. The ABCMR is not an investigative agency.   
 
3.  AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents which are prepared for an individual upon retirement, discharge, or release from active military service or control of the Army. Paragraph 1-4 (DD Form 214) provides that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from the Active Army. Paragraph 2-8 (DD Form 214 instructions) provides the preparation instructions for item 1 (Name) and states to enter name in all capital letters.   
 
//NOTHING FOLLOWS//