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
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