IN THE CASE OF: BOARD DATE: 9 My 2023 DOCKET NUMBER: AR20230000336 APPLICANT REQUESTS: correction of Block 1 (Name (Last, First, Middle)) and Block 5 (Date of Birth (DOB)) his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his true name and date of birth instead of his alias. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored statement, 1 September 2022 * Registro Civil, Registro De Nacimiento (Civil Registration, Birth Registration), 24 November 1980 * Enlisted Record Brief, 26 April 2018 * Soldier deployment history out-processing report, 23 May 2018 * DD Form 214, 24 July 2018 * driver license, expiration 14 February 2019 * Veteran Status Verification Form, 14 February 2019 * Registraduria Nacional Del Estado Civil Contraseña Impresión Dactilar (National Registry of Civil Status Password Fingerprint), 10 May 2022 * Notice of Continuance, 25 August 2022 * declaration of applicant, 31 August 2022 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, his parents lied to him as a child about his identity. He was misled to believe that his true name was the contested name, and that he was a National. He joined the U.S. Army using this alias. In 2017, the State Department investigated him after he renewed his passport. He discovered through his mother that he was not and that his parents purchased a fraudulent birth certificate under the contested name. On 27 April 2022, he obtained a copy of his actual birth certificate. He has verified his true identity as the requested name, a National born on 24 November 1980, in. He is in the process of naturalization. As a final step, the U.S. Citizenship and Immigration Service has requested he change his DD Form 214 to reflect his true identity. 3. The applicant enlisted into the Regular Army on 8 July 1999. Block 1 (NAME (Last, First, Middle)) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) lists the contested name. Block 6 (DOB) lists the contested DOB. 4. The applicant was honorably discharged on 24 July 2018, due to disability. His record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) which lists the contested name and DOB. 5. The applicant provides a/an: a. Declaration under penalty of perjury b. Registro Civil, Registro De Nacimiento (Civil Registration, Birth Registration) listing the requested name and DOB. c. Registraduria Nacional Del Estado Civil Contraseña Impresión Dactilar (National Registry of Civil Status Password Fingerprint) listing the requested name and DOB. d. Notice of Continuance from the U.S. Citizenship and Immigration Services, 25 August 2022, in which their office acknowledged his application for Naturalization; however, they were unable to fully process his application because the name and DOB on the application did not correspond with his DD Form 214. 6. The applicant's military record did not contain any documentation that shows the name and DOB he now requests. 7. The 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. 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 name and DOB during his entire period of service. There is no evidence he used the requested name and DOB during his military service. The Board agreed that there was insufficient evidence to change the name or the DOB on the DD Form 214. 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. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in his name or date of birth recorded in his military records and to satisfy his desire to have his requested name and DOB documented in his military records. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X 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. 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 635-8 (Separation Processing and Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the 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. a. Block 1 (NAME (Last, First, Middle)) states to compare the original enlistment contract or appointment order and review the official record for possible name changes. If a name change has occurred, list other names of record in block 18 (Remarks). b. Block 5 (DOB) is verified by reviewing the original enlistment contract and/or application for appointment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000336 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1