BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100026111
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his full name as "Hixxxxo Vaxxxxx" instead of "Hixxxxx Vaxxxxx Orxxx."
2. The applicant states his teachers told him that whenever someone asked his name he should give his first name followed by his father's name followed by his mother's name. Throughout his military service he was known as "Hixxxxx Vaxxxxx Orxxx." Now, he wants to be known only as "Hixxxxx Vaxxxxx." If that is not possible, he would accept the "Hixxxxx Vaxxxxx Orxxx."
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Passport
* Birth certificate
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 applicants records show he was inducted into the Army of the United States on 17 November 1965. Item 1 (Name) of his DD Form 47 (Induction Record) listed his full name as "Hixxxxx Vaxxxxx-Orxxx" (with a dash between the names "Vaxxxxx" and "Orxxx."
3. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his full name as "Hixxxxx Vaxxxxx-Orxxx." The applicant authenticated this form by placing his signature in the appropriate blocks using this full name.
4. His records contain several personnel documents including promotion orders, award orders, record of emergency data, report of medical examination, finger print card, and various other orders that show his full name as "Hixxxxx Vaxxxxx-Orxxx."
5. On 6 November 1967, he was honorably released from active duty. Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 shows the entry "Hixxxxx Orxxx Vaxxxxx." "Orxxx" is listed as his first name and "Hixxxx" is listed as his middle name. He authenticated his DD Form 214 by placing his signature in the appropriate block.
6. He provides his birth certificate and U.S. Passport, both of which list his first name as "Hixxxxx" and his last name as "Vaxxxxx." Neither document shows a middle name.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his correct full name.
2. The available evidence shows upon induction into the Army of the United States the applicant's full name was listed as "Hixxxxx Vaxxxxx-Orxxx" and a dash was placed between the names "Vaxxxxx" and "Orxxx." This name is consistent with the name on several documents in his service record. It appears when his DD Form 214 was prepared the dash was inadvertently left off his last name. Therefore, he is entitled to correction of his DD Form 214 to show a dash in his last name.
BOARD VOTE:
____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 listing his last name as "Vaxxxxx - Orxxx" and his first name as "Hixxxxx" in item 1 of his DD Form 214.
_______ _ 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) AR20100026111
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ABCMR Record of Proceedings (cont) AR20100026111
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