IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120001035 


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 the first name shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

   a.  He used the first name of "Rxxh" during his period of service.  His legal first name is "Hrxxx."  The incorrect first name shown on his DD Form 214 has almost made it nearly impossible to cash his GI benefits check.  This is an error because it is not his legal name nor is it listed on any legal documents.
   
   b.  The recruiter changed his first name upon his initial entry in the military.  He did not change it during his period of service because it was never a problem until now.  He is always harassed at banks because of the different first names.

3.  The applicant provides:

* Birth certificate
* Social Security Card
* Driver's License
* DD Form 214

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 military record shows he enlisted in the Delayed Entry Program (DEP) on 6 October 2003.  He enlisted in the Regular Army (RA) on 4 February 2004.

3.  His record contains:

	a.  DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States), Item 2 (Last, First, Middle Name (and Maiden, if any) Jr., Sr., etc.) shows his first name as "Rxxh" and middle name as "Hrxxx."  Item 28c also shows he signed his first name as "Rxxh" and his middle name as "Hrxxx."

   b.  DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States), Item 1 (Names (Last, First, Middle)) shows he enlisted under the first name of "Rxxh" and his middle name as "Hrxxx."  Items 13b and 18a (Certification and Acceptance) and Confirmation of Enlistment or Reenlistment) also show his first name as "Rxxh." 

	c.  DD Form 1996/3, Section V - Recertification, contains the entry for Item 2 (Name), Name changed from Bxxxxxxxx, Hrxxx Yxxxxx; see remarks to Bxxxxxxxx, Rxxx H.

	d.  DD Form 1966/4, Section VI - Remarks contains the entry for Item 2 (Name) AKA (also known as) Bxxxxxxxx, Hrxxx Yxxxxx.:

	e.  DD Form 2366 (Montgomery GI Bill Act of 1984), Items 1a (Name (Last, First, Middle Initial)) and 13a show his first name as "Rxxh."

	f.  Enlisted Record Brief shows his first name as "Rxxh."


4.  He was honorably released from active duty on 14 June 2008 and was transferred to the U.S. Army Reserve (USAR) (Reinforcement).  His DD Form 214 shows in Item 1 (Name (Last, First, Middle) his first name listed as "Rxxh."

5.  He was honorably discharged from the USAR on 11 October 2011.  His orders show his first name as "Rxxh."

6.  He provides a copy of a State of California Birth Certificate issued on 7 August 2009.  This document identifies a male registrant with the middle initial of "H" and same last name as the applicant and the first name listed as "Hxxxx."  He also provides copies of his Social Security Card and Driver License which show his first name as "Rxxh."

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) provides instructions for the preparation of the DD Form 214.  The regulation states Item 1 would list the last name, first name, and full middle name or names, if any, of the individual being separated.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record contains many documents showing the applicant’s first name as "Hrxxx" as shown on his birth certificate.  His DD Forms 1966/3 and 1966/4 show his first name was changed from "Hrxxx" to "Rxxx" at the time of his enlistment.  Throughout his period of service in the DEP and RA and his release from active duty and USAR discharge he spelled his first name as "Rxxh" as evidenced by his military service record.

2.  In his case, his DD Form 214 reflects his first name as it was entered on his enlistment documents as he changed it (i.e., to “Rxxx”) and the first name under which this military service was performed.

3.  While his desire to have his records changed is understandable there is no basis for compromising the integrity of the Army's records.  However, since his enlistment documents show his first name as both “Hrxxx” and “Rxxx,” as a matter of equity Item 18 (Remarks) of his DD Form 214 should be amended to include the entry, "AKA:  Bxxxxxxxx, Hrxxx Yxxxxx."  

4.  In view of the foregoing his DD Form 214 should be corrected as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to Item 18 of the applicant's DD Form 214 the entry, "AKA:  Bxxxxxxxx, Hrxxx Yxxxxx." 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting Item 1 of his applicant's DD Form 214 to show his first name as "Hrxxxx."



      _______ _  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)                                         AR20120001035





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001035



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1