IN THE CASE OF:
BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100012477
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 correction of item 1 (Name (Last, First, Middle)) and item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he changed his last name from C***-O**** to G*********-O**** and that he was released from active duty on 28 May 1994.
2. The applicant states the requested information is incorrect on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and the Court Document "RESOLUCION Y ORDEN ENMENDADA" changing his last name, dated 28 April 1994.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Puerto Rico Army National Guard (PRARNG) and served the following two terms using a hyphenated last name shown on his DD Form 214 dated 4 July 1991:
* 10 December 1964 through 9 December 1970
* 22 January 1972 through 2 April 1973
3. The available records show that he was honorably discharged at the expiration of both of his terms of service.
4. On 6 April 1973, the applicant again enlisted in the PRARNG using the same hyphenated last name he used during his prior two terms of service. He continued to serve as a member of the PRARNG through reenlistments and extensions.
5. The applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm, effective 6 December 1990. He was released from active duty on 4 July 1991 and he was returned to the PRARNG to complete his service obligation.
6. The DD Form 214 he was furnished shows the hyphenated last name he used at the time of his enlistment in the PRARNG.
7. On 22 April 1994, as a result of the "RESOLUCION Y ORDEN ENMENDADA" he now submits in support of his application, a DA Form 4187 (Personnel Actions) was prepared changing the applicant's hyphenated last name from C***-O**** to G*********-O****.
8. The applicant continued to serve as a member of the PRARNG using his changed name until he retired on 5 April 2000. His NGB Form 22 for the period ending 5 April 2000 shows is last name as G********-O****.
9. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions and supporting documents have been considered. However, he did not change his name until 1994. His DD Form 214 properly shows the name that he was using at the time of his initial enlistment in the PRARNG, which was prior to his name change.
2. Additionally, the applicant's records show that he was released from active duty on 4 July 1991 and this information is appropriately reflected on his DD Form 214.
3. In view of the foregoing, there is no basis for granting the applicant's requests.
BOARD VOTE:
________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20100012477
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ABCMR Record of Proceedings (cont) AR20100012477
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