IN THE CASE OF: BOARD DATE: 19 September 2023 DOCKET NUMBER: AR20230001615 APPLICANT REQUESTS: correction to his DD Form 149 (Certificate of Release or Discharge from Active Duty), ending 26 September 1990, to reflect his first name to read APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • DD Form 214, ending 26 September 1990 • Birth Certificate • New Mexico Driver License and Social Security Card • Divorce Decree, 2 December 2002 • Certificate of Navajo Indian Blood, 14 February 2003 • Social Security Benefits Letter, 27 April 2012 • U.S. Department of the Interior, Explanation of Payment, 14 September 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, all of his legal documents reflect his correct name as "." with the exception of his military service record. Without this record being amended he is unable to receive any Tribal Navajo Nation Assistance as a veteran. 3. A review of the applicant's available service record reflects the following: a. On 19 January 1988, he enlisted in the Regular Army years under the name "." DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he endorsed the form with the aforementioned name. b. DA Form 2-1 (Personnel Qualification Record – Part II), Section 1 (Identification Data), Item 1 (Name) reflects "" and he endorsed the form with the same name. c. On 18 September 1990, Headquarters, 7th Infantry Division (Light) and Fort Ord, issued Orders Number 177-331 reassigning him to the U.S. Army separation transfer point for separation processing and discharge, effective 26 September 1990, under the name "." d. DD Form 214, ending 26 September 1990 reflects a discharge – Under Honorable Conditions (General) for Misconduct-pattern of misconduct. Item 1 (Name (Last, First, Middle)) reflects "." 4. The applicant provides the following documents as evidence with each showing his legal name as .: • Birth Certificate, state of New Mexico • New Mexico Driver's License and Social Security Card • Divorce Decree, dated 2 December 2002 • Certificate of Navajo Indian Blood, dated 14 February 2003 • Social Security Benefits Letter, dated 27 April 2012 • U.S. Department of the Interior, Explanation of Payment, dated 14 September 2022 BOARD DISCUSSION: 1. 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 first name () during his entire period of service. All documents in his record show he used the contested first name. There is no evidence the applicant used the requested first name () during his military 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. 2. This Record of Proceedings, will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in his first name. Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military record regarding the first name under which he served. 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. 9/19/2023 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 635-5 (Separation Documents), in effect at the time, prescribes policies and procedures for the completion of the DD Form 214. Source documents include the DA Form 2-1, DA Form 201 (Military Personnel Records Jacket), DD Form 4, as well as orders. The name to be shown on the DD Form 214 is taken from these source documents. //NOTHING FOLLOWS//