IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130018635
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 (Certificate of Release or Discharge from Active Duty) to show his correct first name as "Sanyou" vice "San Y." Additionally, he requests issuance of a DD Form 214 for the entire period of his Reserve and active duty service, 8 years.
2. He states there is a typographical error in his name and he does not have a middle initial. He also states he was released from the U.S. Army Reserve (USAR) after 8 years of service, but was not issued a DD Form 214. He adds his most recent DD Form 214 was issued after his deployment to Iraq.
3. He provides:
* DD Form 214
* Orders 10-153-00007, dated 2 June 2010
* State of Maryland Driver's License
* U.S. Government Identification Card
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 USAR on 26 August 2002 for 8 years. His DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) shows his first name as "Sanyou" with no middle initial and his name appears this way consistently throughout his records. On 11 September 2004, he was ordered to active duty in support of Operation Iraqi Freedom.
3. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his first name and middle initial as "San Y." Item 6 (Reserve Obligation Termination Date) of this form shows 25 August 2010 as his termination date of Reserve Service/Military Selective Service obligation. On 8 November 2005, he was honorably released from active duty. He was credited with completing 1 year, 1 month, and 28 days of active duty service this period.
4. Orders 10-153-00007, dated 2 June 2010, show effective 26 August 2010, he was honorably discharged from the USAR. His name is shown as "Sanyou" on his discharge orders.
5. His Maryland driver's license and Government identification card show his first name as "Sanyou" without a middle initial.
6. Army Regulation 635-5 (Personnel Separations), in effect at the time, established standardized procedures for preparation and distribution of the
DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty service at the time of release from active duty, retirement, or discharge. The regulation states, in pertinent part, that the DD Form 214 will be prepared for Reserve component Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's first name when he enlisted in the USAR, throughout his service, and at the time he was released from active duty was "Sanyou" without a middle initial. Additionally, his Maryland driver's license and Government identification card confirm his first name as "Sanyou" without a middle initial. Therefore, he is entitled to correction of his DD Form 214 to show his correct first name.
2. The evidence of record shows the applicant was a Reserve Soldier who was called to active duty for 1 year, 1 month, and 28 days in support of Operation Iraqi Freedom; as such, he was issued a DD Form 214. However, a DD Form 214 is not issued when the active duty period is less than 90 days. Therefore, he is not entitled to a DD Form 214 for his entire period of Reserve service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 8 November 2005 to show his first name as "Sanyou" with no middle initial as it appears on his Government identification card and initial enlistment documents.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the issuance of a
DD Form 214 for his 8 years of Reserve service.
_______ _ __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) AR20130018635
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ABCMR Record of Proceedings (cont) AR20130018635
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