IN THE CASE OF:
BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20130001554
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 his last name as P____a, in effect dropping the maternal portion of his birth name.
2. The applicant states his name was legally changed from P___a C___n to P____a at the time of his naturalization. Although he updated his military records while still on active duty, his records continue to show his full birth name.
3. The applicant provides copies of his Certificate of Naturalization, Social Security Card, driver's license, two award certificates, a course completion letter, and a benefits eligibility memorandum.
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 enlisted in the Regular Army on 26 October 1989 under the last name of P____a C____n, two words.
3. On 7 October 1991 the applicant became a naturalized citizen. His Naturalization Certificate utilizes the name P____a, dropping the second half or maternal portion of his birth name.
4. A review of the applicant's records show four variations of his last name. On all documents prepared prior to 7 October 1991 only the longer versions of his name were utilized. Following his date of naturalization there is an intermittent use of the shortened version of his name, including on his two Army Achievement Medal Certificates, as well as a continuation of the use of the longer versions.
5. The applicant was honorably released from active duty on 9 March 1996. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his name as all capital letters and all one word.
6. The driver's license and SSN card provided by the applicant show the shortened version of his name, P___a.
7. The U.S. Citizenship and Immigration Services online cite, Guide to Naturalization, states a person who takes their Naturalization Ceremony Oath of Allegiance at a court, may ask the court to change their name. If the Court grants their request, their new name will appear on their Certificate of Naturalization.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states transition centers are to ensure all information on DD Form 214 and other separation documents is accurate. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance.
DISCUSSION AND CONCLUSIONS:
1. The applicant's Naturalization Certificate shows his last name was legally shortened as of 7 October 1991.
2. Why all of his records were not properly updated to show his new name following his naturalization is unknown. However, there is sufficient evidence to show that his name was legally changed on 7 October 1991 over five years prior to the issuance of his DD Form 214.
3. Further, the fact that the shortened name was utilized on some of his military record, including on his two Army Achievement Medal Certificates, following his naturalization shows the Army was aware of the legal name change.
4. Therefore, it is appropriate to correct the applicant's records to correct his DD Form 214 to show the correct last name.
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 amending his DD Form 214 to show the last name of P___a.
_______ _ _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) AR20130001554
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ABCMR Record of Proceedings (cont) AR20130001554
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