IN THE CASE OF: 

		BOARD DATE: 3 January 2024

		DOCKET NUMBER: AR20230006418


APPLICANT REQUESTS:  Correction of his military records to show the spelling of his 
first name as not .

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record) (page 1 only)
*	Birth Certificate
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)
*	U. S. Army Reserves discharge order

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 all of his military records incorrectly show his first name as  not 
and the spelling was never changed.

3.  The applicant enlisted in the Regular Army on 15 June 1961 for 3 years. He was 
honorably released from active duty on 3 Jun 1964 as an overseas returnee and 
transferred to the USAR Control Group (Reinforcement). He was honorably discharged 
from the USAR on 31 May 1967.

4.  All of the records in the applicant's available records including a DD Form 4 (DA 
Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record), his 
DD Form 214, and his USAR discharge order show his first name as. There is no 
evidence of what documentation was used to verify his first name or any prior attempt to 
correct the spelling of his name nor is there any indication of what, if any, documents 
were used to verify his name and other personal information at the time of his 
enlistment.

5.  The applicant provided a copy of his birth certificate from the County Court, (County), 
West Virginia, issued on 8 July 1974 showing his first name as.

6.  For historical purposes, in the absence of a showing of material error or injustice, the 
Army has an interest in maintaining the accuracy of its records. The data and 
information contained in those records should actually reflect the conditions and 
circumstances that existed at the time the records were created. 


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 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 not demonstrate 
the existence of a probable error or injustice.  The applicant used the contested name 
during his entire period of service.  Therefore, the Board determined the overall merits 
of this case are insufficient as a basis for correction of the records of the individual 
concerned. The Board recommended the applicant seek assistance through the social 
security administration office for correction of his first name spelling and they will be 
able to merge two spellings as well and notify the department of veteran affairs of the 
correction. Based on this the Board denied 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 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 the name recorded in his military records and to satisfy his desire to have 
his legal name 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 15–185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army, acting through the Army Board for Correction of Military Records (ABCMR).  
Paragraph 2-9 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.

3.  Army Regulation 635-5 (Separation Documents), in effect at the time (13 August 
1963), read all available records will be used as a basis for the preparation of 
DD Form 214A (Worksheet), including DA Form 24 (Service Record), DA Form 20 
(Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. 
In item 1 (Last Name, First Name, Middle Name), enter last name, first name, and full 
middle name or names, if any.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont.)	AR20230006418


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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