IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20120000900
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 records to show the correct spelling of his middle name.
2. The applicant states the correct spelling of his middle name is "Fuentes"; however, his separation document shows is middle name as "Fuentas."
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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. The applicant's DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows he enlisted in the Regular Army on
27 June 1977 for a period of 3 years. Item 1 (Name - Last, First, Middle, Jr., Sr., etc.) of this form shows his middle name as "Fuentes."
3. The applicant's DD Form 214 shows he entered active duty on 27 June 1977, was honorably released from active duty (REFRAD) on 26 June 1980 based on completion of required service, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. He completed
3 years of net active service. Item 1 (Name - Last, First, Middle) shows his middle name as "Fuentas."
4. With the exception of the applicant's DD Form 214, records in his Official Military Personnel File (OMPF) consistently show his middle name as "Fuentes."
5. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.
a. Chapter 2 contains guidance on the preparation of the DD Form 214. It states the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the OMPF.
b. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. Item 1 states enter the name in all capital letters, include "JR", "SR", or "II" when needed.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon entry on active duty in the U.S. Army, the applicant's middle name was correctly recorded in his military service record. The evidence of record also shows the applicant's name was correctly recorded in his official military service records, except on the DD Form 214 that was issued upon his REFRAD.
2. Therefore, it would be appropriate to correct the applicant's record, as recommended below.
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 deleting from item 1 of his DD Form 214 the current middle name and entering his middle name as it is listed on the DD Form 4.
_______ _ __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.
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