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ARMY | BCMR | CY2013 | 20130015926
Original file (20130015926.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130015926 


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 (Report of Separation from the Active Duty) and Certificate of Retirement to show his last name as H____-M____ instead of H____.

2.  He states his Certificate of Retirement and DD Form 214 show his name as M____ M. H____.  However, his first name is Manuel and his last name is H____-M____.

3.  He provides:

* social security card
* U.S. Uniformed Services Identification Card
* DD Form 2656 (Data for Payment of Retired Personnel)
* DD Form 108 (Application for Retired Pay Benefits)
* Army National Guard Retirement Points History Statement
* DA Form 1341 (Joint Uniform Military Pay System – Army Allotment Authorization)
* birth certificate (Puerto Rico)
* Notification of Eligibility for Retired Pay at Age 60
* Army National Guard discharge orders

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 7 August 1974.  He was honorably released from active duty on 5 August 1977 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his last name as H____, his first name as M____, and his middle name as Manuel.

3.  He enlisted in the Army National Guard on 30 April 1981.

4.  His service records contain documents showing his last name as 
H____-M____.

5.  He provided the following documents showing his last name as indicated:

Document
Last Name
First Name
social security card
H____ M____
Manuel
U.S. Uniformed Services Identification Card
H____ M____
Manuel
DD Form 2656
H____-M____
Manuel
DD Form 108
H____-M____
Manuel
Army National Guard Retirement Points History Statement
H____M____
Manuel
DA Form 1341
H____M____
Manuel
birth certificate
H____ M____
Manuel
Notification of Eligibility for Retired Pay at Age 60
H____M____ 
Manuel
Puerto Rico Army National Guard Orders 123-11
H____-M____
Manuel
6.  He was discharged from the Army National Guard on 21 April 1999 and transferred to the U.S. Army Reserve Control Group (Retired).  Item 1 (Last Name – First Name – Middle Name) of his National Guard Bureau Form 22 (Report of Separation and Record of Service) shows his name as H____-M____, Manuel.

7.  U.S. Army Human Resources Command Orders C06-394871, dated 18 June 2013, retired him and placed him on the Retired List effective 16 September 2013.  These orders show his first name as M____, his middle initial as M, and his last name as H____.  His Certificate of Retirement is not present in his records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service records contain numerous documents showing his last name as H____-M____ as reflected on his birth certificate and social security card.

2.  However, his DD Form 214 and retirement orders both show his first name as M____ and his last name as H____.

3.  It appears that administrative errors occurred when his last name was recorded.  Therefore, it would be appropriate to correct his DD Form 214; Certificate of Retirement; and Orders C06-394871, dated 18 June 2013, to show his first name as Manuel and his last name as H____-M____ as shown on his birth certificate and social security card.

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:

	a.  amending his DD Form 214 to show his first name as Manuel and his last name as H____-M____;

	b.  amending Orders C06-394871, dated 18 June 2013, to show his first name as Manuel and his last name as H____-M____; and

	c.  issuing him a Retirement Certificate showing first name as Manuel and his last name as H____-M____.



      ______________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)                                         AR20130015926



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130015926



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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