IN THE CASE OF:   

		BOARD DATE:  17 December 2013

		DOCKET NUMBER:  AR20130007642


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "Kxxxmoto" instead of "Kxxxmato-Pxxxxxx."

2.  The applicant states his name was changed when he became a U.S. citizen in 1968.  He states he needs his name on his DD Form 214 to match his name on his current records (passport, driver license, credit cards, etc.).

3.  The applicant provides copies of his:

* DD Form 214
* DD Form 256A (Honorable Discharge Certificate)
* Letter Orders Number 003-829-427, issued by the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, on 24 May 1970
* Department of Justice, Immigration and Naturalization Service Form       N-570 (Certificate of Naturalization)
* U.S. passport
* State of Texas driver license

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 19 June 1964, in preparation for his upcoming enlistment, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his name in Item 1 (First Name – Middle Name – Last Name) as "Jxxxx Mxxxxx Kxxxmoto."  He authenticated this form by signing his name in the appropriate block, attesting to the correctness of the information contained therein.

3.  On 25 June 1964, he enlisted in the Regular Army.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his name as "Kxxxmato-Pxxxxxx, Jxxxx Mxxxxx."  He authenticated this form, also, by signing this name in the appropriate block.

4.  On 12 January 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his name as "Kxxxmato-Pxxxxxx, Jxxxx Mxxxxx."  

5.  The majority of documents contained within his DA Form 201 (Military Personnel Records Jacket) show his name as "Kxxxmato-Pxxxxxx, Jxxxx Mxxxxx"; however, his last name is also represented in his records as either "Kxxxmoto" or "Kxxxmoto-Pxxxxxx."

6.  He provides:

* his Certificate of Naturalization, dated 14 February 1992, which shows his name as "Jxxxx Mxxxxx Kxxxmoto"
* his U.S. passport and State of Texas driver license, which show his name as "Jxxxx Mxxxxx Kxxxmoto"

7.  It is unclear, based on a review of his record and the evidence he submitted, when he began the naturalization process to obtain U.S. citizenship.  

8.  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:

1.  The applicant's request for correction of his DD Form 214 to show his last name as "Kxxxmoto" instead of "Kxxxmato-Pxxxxxx" was carefully considered.

2.  He contends he was granted citizenship in 1968; however, based on a review of his record and the evidence he submitted this date cannot be verified.  Nor can it be determined when he began the naturalization process to obtain U.S. citizenship.  However, it can be concluded, based on his name as represented on his naturalization certificate, that he represented himself throughout the naturalization process by showing his name as "Jxxxx Mxxxxx Kxxxmoto."

3.  The evidence of record shows he represented his full name as "Jxxxx Mxxxxx Kxxxmoto" on at least one occasion during his enlistment into military service.  
It also appears he used the contested name during his period of military service.

4.  Therefore, it would be appropriate to correct his last name as requested.

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 last name as it appears on his U.S. 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)                                         AR20100016493



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ABCMR Record of Proceedings (cont)                                         AR20130007642



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