BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140017515 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct last name as two separate names instead of one.

2.  He states he believes the error was due to a printing mistake when he joined the Army.  He offers that "Rivera" was his father's last name and "Rolon" was his mother's maiden name.

3.  He provides his Certificate of Birth and Social Security Card.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  After having prior service in the Army National Guard, on 26 August 1981, the applicant enlisted in the Regular Army.  His enlistment record shows he used two separate names as his last name.

3.  Documents contained in his official military personnel file (OMPF) show several versions of his last name.  These documents include:

* Numerous orders showing he used the last name of "Rivera" only
* Reenlistment documents showing he used both "Riverarolon" and 
"Rivera-Rolon"

4.  The applicant served over 20 years of active duty service and he was honorably retired on 30 April 2001.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his last name as "Riverarolon."

5.  His birth certificate and social security card show his last name as "Rivera Rolon."

6.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

DISCUSSION AND CONCLUSIONS:

The documents contained in the applicant's OMPF show he used several versions of his last name; however, his enlistment document as well as his social security card and birth certificate confirm his correct last name as "Rivera Rolon." Therefore, he is entitled to correction of his DD Form 214 to show his correct last name.

BOARD VOTE:

___X_____  ___X_____  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 amending his DD Form 214 to show his last name as "Rivera Rolon" as it appears on his social security card.



      _______ _X   _______   ___
               CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20140017515





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ABCMR Record of Proceedings (cont)                                         AR20140017515



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