Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130014747
Original file (20130014747.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130014747 


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 item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states the last name listed in his military records has the wrong suffix.  The last name listed in his current military records is listed with the suffix "II."  It should be "III."  At the time of his enlistment his last name was entered into the database with the wrong suffix.  He tried to have it corrected, but it was never corrected.  Recently, when trying to close on the purchase of a house he was advised by his lawyer that the name from his military records does not match the name on his driver license and social security information.  He doesn't know why the correct suffix is such a big deal and can't be labeled as a typographical error, but he needs it done so that he and his wife can buy their home.

3.  The applicant provides copies of his birth certificate, driver license, and Armed Forces of the United States identification (ID) and Social Security cards.

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 10 July 2003.  His record contains the following:

* DD Form 4/1 (Enlistment Record – Armed Forces of the United States) which lists his full name as Rxxxxxx Lxxxxxx Lxxxxxxx III
* DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States) which lists his full name as Rxxxxxx Lxxxxxx Lxxxxxxx III

3.  On 9 July 2007, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  Item 1 of his DD Form 214 lists his full name as Rxxxxxx Lxxxxxx Lxxxxxxx II.

4.  He entered active duty on 27 January 2008.  On 7 March 2009, he was released from active duty and transferred to the USAR.  Item 1 of his DD Form 214 lists his full name as Rxxxxxx Lxxxxxx Lxxxxxxx II.

5.  A review of his record located on the interactive Personnel Electronic Records Management System revealed all the documents contained therein list his full name as Rxxxxxx Lxxxxxx Lxxxxxxx III.

6.  He provided a Maryland Department of Health birth certificate, filed on 1 February 1985, which identifies an individual with the same names as the applicant and lists his full name as Rxxxxxx Lxxxxxx Lxxxxxxx III; his father's full name is listed on the certificate as Rxxxxxx Lxxxxxx Lxxxxxxx II.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of retirement, discharge, or release from active duty.  The regulation stated item 1 would list the name in all capitals and include "SR," "R," or "II," if appropriate.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant's full name is Rxxxxxx Lxxxxxx Lxxxxxxx III.  Therefore, his DD Forms 214 ending on 9 July 2007 and 7 March 2009 should be corrected to list the suffix of his last name as "III."

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 item 1 of the applicant's DD Forms 214 ending on 9 July 2007 and 7 March 2009 to list the suffix of his last name as "III."



      _______ _   __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)                                         AR20130014747



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130014747



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130013421

    Original file (20130013421.txt) Auto-classification: Denied

    His medical record is not available for review. In his statement, Mr. Cxxxxx states the following: As a combat medic of Company D 4th Division 1st of the 12th from 1967-1968 in the Republic of Vietnam, I remember Sergeant Hxxx Lxxxxxxx being wounded going up Hill 875. The applicant contends he should be awarded the Purple Heart; however, neither his available record nor the Vietnam casualty roster provide any evidence that shows he was wounded during his period of service in the Republic...

  • ARMY | BCMR | CY2014 | 20140015619

    Original file (20140015619.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as Jxxxx vice Lxxxxxx. Page 4 of his DD Form 4, dated 24 August 1982, shows his last name as Lxxxxxx. His DD Form 214 correctly shows his last name as Lxxxxxx, the name he held at the time he was released from active duty.

  • ARMY | BCMR | CY2013 | 20130020665

    Original file (20130020665.txt) Auto-classification: Denied

    The applicant requests amendment of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change her name from “Rxxxxxx, William Rxxxx" to "Rxxxxxx, Laura Lxxx." Her DD Form 214 shows her name as "Rxxxxxx, William Roger." The documents contained in her Military Personnel Records Jacket (MPRJ) identify her as "Rxxxxxx, William Roger," the name she used at the time of her enlistment and throughout her period of military service.

  • ARMY | BCMR | CY2011 | 20110013745

    Original file (20110013745.txt) Auto-classification: Denied

    The applicant requests correction of all military records to show his name as “DXXX PXXX LXXXXXX” instead of “DXXX LXXXXXX BXXXXX” and to update his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all newly-awarded medals. He is advised that a copy of this decisional document, which shows his legal name change, will be filed in his Official Military Personnel File (OMPF). _______ _ X_____ ___ CHAIRPERSON I certify that herein is recorded the true and...

  • ARMY | BCMR | CY2013 | 20130012684

    Original file (20130012684.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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. Army Regulation 635-5 (Separation Documents) prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from...

  • ARMY | BCMR | CY2011 | 20110008325

    Original file (20110008325.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The evidence of record shows his last name consistently appeared as "Rxxxxxxs" on every document in his personnel records throughout both periods of his service. The applicant is advised that a copy of this decisional document which confirms his correct name will be filed in his official military personnel file (OMPF).

  • ARMY | BCMR | CY2012 | 20120001045

    Original file (20120001045.txt) Auto-classification: Denied

    The applicant requests correction of item 8c (Home of Record at Time of Entry into Active Service) of his DD Form 214 (Report of Separation from 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 evidence of record shows the applicant lived at 3XXX Lxxxxxxx Road, Cleveland, OH, at the time of his entry into active service which is correctly shown on his DD Form 214.

  • ARMY | BCMR | CY2009 | 20090011581

    Original file (20090011581.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2011 | 20110013776

    Original file (20110013776.txt) Auto-classification: Denied

    The applicant requests correction of his records to show his name as Rxxxxxx Axxxxx instead of Rxxxxxx Txxxxx. The applicant requests his military records be corrected to show he served his term of service under the name of Rxxxxxx Axxxxx. _______ _ 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.

  • ARMY | BCMR | CY2012 | 20120007453

    Original file (20120007453.txt) Auto-classification: Denied

    The applicant states: * his unit’s medic was on rest and recuperation (R & R) leave when he was wounded * he is not sure if the medic who treated him was temporarily transferred to his unit – it is possible he was from another unit * he cannot locate the medical card on which his injury was documented, but it may have been turned in to another unit since the medic who treated him may have come from another unit * his unit first sergeant (1SG) told him he would receive any awards he was due,...