IN THE CASE OF: BOARD DATE: 13 September 2023 DOCKET NUMBER: AR20230002540 APPLICANT REQUESTS: * correction of Item 1 (Last Name, First Name, Middle Name) on his DD Form 214 (Report of Separation from Active Duty) to reflect his name as shown on his certificate of live birth * personal appearance before the Board via video/telephone APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * social security card * certificate of live birth * U.S. passport * driver license and business card 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 when he enlisted, he was using his stepfather’s last name. It was never his legal last name, and he was never adopted. His birth certificate and social security are both shown with his legal birth name. He wants his DD Form 214 to reflect his legal last name to easily take full advantage of his veteran and military service benefits, by having his DD Form 214 show his legal last name to match his driver license, social security card and passport information. 3. A DA Form 3284-R (Applicant’s Statement of Name Change), dated 24 September 1973, shows the requested name was recorded on the applicant’s birth certificate. Item 5 (Name You Prefer to Use) shows the contested name. The form states he had not changed his name through any court procedure; and that he prefers to use the contested name as a matter of convenience and with no intent to defraud. 4. The applicant enlisted in the Regular Army on 25 September 1973. His name on all his military records reflects the contested name. 5. He was honorably released from active duty on 24 September 1977. His DD Form 214 shows he completed 4 years net active service this period. This document reflects the contested name. 6. The applicant provides a social security card, certificate of live birth, U.S. Passport, driver license and business card reflecting the requested name. 7. By regulation, Army Regulation 635-5 (Separation Documents) the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. The Board determined the evidence presented does demonstrate the existence of a probable error or injustice. Although, the applicant used the contested name during his entire period of service. The Board determined the overall merits of this case are sufficient as a basis for correction of the records of the individual concerned. The Board agreed adding as known as (A.K.A) in item 18 (Remarks) of the applicant’s DD Form 214 would show his legal name as reflected on his certificate of birth. Based on this the Board granted relief. 2. 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. 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding in item 18 (Remarks) A.K.A. the applicant’s name as reflected on his certificate of live birth. 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 (AR) 15-185 (ABCMR) 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, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. AR 635-5 (Separation Documents) the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. Item 1 states enter name in order shown on DD Form 214, using all capital letters, and including abbreviation for junior, senior, second, when appropriate. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002540 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1