IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130004977
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 Forms 214 (Certificate of Release or Discharge from Active Duty) to show his name as it is shown on his United States of America (USA) Passport.
2. The applicant states, in effect, his first and last name are transposed on his DD Forms 214.
3. The applicant provides copies of a National Personnel Records Center letter, dated 25 February 2013, and his USA Passport.
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 Army Military Human Resource Record (AMHRR) contains three DD Forms 214 covering three periods of active service ending on
27 January 1987, 4 August 1988, and 20 May 1991. All three list his first and middle names in reverse of the first and middle names listed on the USA Passport he provided.
3. His AMHRR contains Orders 128-7, dated 26 June 1986, showing his first name similar to that listed on his USA Passport, but hyphenated. His first and middle names fluctuate between being listed as it is listed on his DD Forms 214 and being hyphenated and similar to the name listed on his USA Passport throughout his entire AMHRR.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The applicant's first and middle names fluctuate throughout his AMHRR between being listed as it is shown on his DD Form 214 and being listed similar to the name that is listed on his USA Passport, but hyphenated. But the evidence is sufficient to correct his first and last name to list it on his DD Form 214 as he requests.
3. In view of the foregoing, the applicant's records 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 correcting all three of his DD Forms 214 to show his first and middle names as they are listed on his USA Passport.
_______ _ 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) AR20130004977
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ABCMR Record of Proceedings (cont) AR20130004977
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