IN THE CASE OF:
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120008608
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 (Certificate of Release or Discharge from Active Duty) to show his middle name as Fernando instead of Fernandez.
2. The applicant states his middle name is Fernando, not Fernandez. He states he didnt get his DD Form 214 when he was discharged; it was mailed to him and he didnt notice the error until later.
3. The applicant provides:
* his State of California Identification Card, DoD/Uniformed Services Identification and Privilege Card, and social security card
* his DD Form 214
* his State of California, County of Los Angeles, Certified Abstract of Birth
* his State of California, County of Los Angeles, License and Certificate of Confidential Marriage
* a barely legible photocopy of his State of California Certificate of Live Birth, stamped as a Certified True Copy by an official from the County Recorders Office, County of Los Angeles
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. On 10 November 1987, the applicant enlisted in the Regular Army. Item 1 (Name (Last, First, Middle)) of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his middle name as Fernandez; however, item 22a (Confirmation of Enlistment or Reenlistment In a Regular Component of the Armed Forces) and the header of page 3 of his DD Form 4 show his middle name as Fernando. Additionally, he signed his name 4 separate times on his DD Form 4 in each instance he signed his middle name as Fernando. Allied enlistment documents show his middle name as Fernando.
3. On 12 November 1987, he completed a DA Form 2496 (Disposition Form), wherein he requested a minor correction of his name to show his middle name as Fernando instead of Fernandez. It is unclear whether or not his request was approved; however, item 1 (Name) of his DA Form 2-1 (Personnel Qualification Record, Part II) shows his previously-computer generated name lined out, with his corrected name (including Fernando as his middle name) typed over the top.
4. On 6 July 1990, he was honorably discharged from the Army, by reason of physical disability with severance pay. Item 1 (Name (Last, First, Middle)) of his DD Form 214 shows his middle name as Fernandez.
5. The majority of documents contained within his DA Form 201 (Military Personnel Records Jacket) show his middle name as Fernando.
6. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a synopsis of the Soldier's 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:
The applicant provided evidence that shows his middle name was consistently represented as Fernando prior to his enlistment date. The majority of documents in his MPRJ, to include most of his enlistment documents, show his middle name as Fernando. In view of the foregoing, it can be presumed that the entry of his middle name on his DD Form 214 is incorrect as a result of a clerical error; therefore, he is entitled to the requested relief.
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 amending Item 1 of his DD Form 214 to show his middle name as Fernando.
_______ _ 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) AR20100016493
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120008608
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