IN THE CASE OF:	  

		BOARD DATE:	  19 September 2013

		DOCKET NUMBER:  AR20130003475 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by reversing his first and middle names.

2.  The applicant states his middle name is shown as his first name.

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214), dated 29 July 1992
* California Driver License
* Social Security Card

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 3 July 1985, the applicant signed a DD Form 1966 (Record of Military Processing - Armed Forces of the United States) using his first and middle name as Ray Michael.  The form indicates the recruiter used the applicant's birth certificate to verify his name.  The applicant subsequently enlisted in the U.S. Army Reserve (USAR).

3.  On 6 December 1990, the applicant was ordered to active duty in support of Operation Desert Shield/Desert Storm.  He was honorably released from active duty on 5 June 1991.  He completed 6 months of net active service this period.  His DD Form 214 for this period of active duty shows his first and middle name as Michael Ray.  His DD Form 215 also shows his first and middle name as Michael Ray.

4.  On 28 July 1992, the applicant signed another DD Form 1966 using Michael Ray as his first and middle name.  He further signed a DD Form 4 (Enlistment/
Reenlistment Document) on 30 July 1992 wherein he enlisted in the Army National Guard for a period of 1 year and 12 days.  He reflected his first and middle name as Michael Ray.

5.  The California driver's license and social security card provided by the applicant shows his first and middle names as Ray Michael.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his correct first and middle name as Ray Michael.

2.  The evidence of record shows the applicant used the first and middle name of Ray Michael when he first entered the USAR.  The enlistment documents indicate that his first and middle name was verified by the recruiter at the time using the applicant's birth certificate.  Subsequent enlistment documents show the applicant had, for unknown reasons, reversed his first and middle name.  

3.  The evidence of record shows the applicant appropriately recorded his first and middle name as Ray Michael when he first entered military service as verified by his birth certificate.  Although his first and middle name was revered on subsequent enlistment documents, it would be appropriate at this time to correct his DD Form 214 and DD Form 215 to show his correct first and middle name as Ray Michael.


4.  In view of the above, the applicant's DD Form 214 should be corrected 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 his DD Form 214 for the period ending 5 June 1991 the first and middle name of "Michael Ray" and replacing it with the first and middle name as "Ray Michael," and voiding his DD Form 215 and re-issuing it to show his first and middle name as “Ray Michael.”



      ___________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)                                         AR20130003475



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ABCMR Record of Proceedings (cont)                                         AR20130003475



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