IN THE CASE OF:
BOARD DATE: 26 August 2014
DOCKET NUMBER: AR20140001453
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 record to show his correct name as Sxxxxxx, Cxxxxx instead of Sxxxxxx-Cxxxxx, Jxxx Cxxxxxx.
2. The applicant states:
a. his final discharge order and DD Form 214 (Certificate of Release or Discharge from Active Duty) show his old name as it appeared before he became a U.S. citizen; and
b. he was sick and did not notice his incorrect listing at the time of his discharge from the Army.
3. The applicant provides the following evidence in support of his application:
* DA Form 4187 (Personnel Action)
* DD Form 214
* Certificate of Naturalization
* Release from Active Duty (REFRAD) Order
* Self-Authored Statement
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 14 October 1992, the applicant enlisted in the Regular Army. Item 1 (Name-Last, First, Middle) of his DD Form 4 (Enlistment/Reenlistment Document) contains the name he claims is incorrect.
3. His official military personnel file (OMPF) includes and he provides a
DA Form 4187 which shows he initiated a request to change his name from Sxxxxxx-Cxxxxx, Jxxx Cxxxxxx to Sxxxxxx, Cxxxxx on 5 November 1996. It also shows his commander approved the request on 6 November 1996.
4. His OMPF includes the following documents that show the new name he now claims is correct:
* DA Form 2A (Personnel Qualification Record Part I) dated 23 December 1996
* DFAS Form 702 (Defense Finance and Accounting Military Leave and Earning Statements)
5. Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, issued Orders Number 121-0002, dated 1 May 1998, ordering the applicant's REFRAD on 14 June 1998. It lists the name he claims is incorrect.
6. On 14 June 1998, the applicant was REFRAD after completing 5 years, 8 months, and 1 day of creditable active military service. Item 1 of the
DD Form 214 issued to him contains the entry "Sxxxxxx-Cxxxxx, Jxxx," the name that he claims is incorrect. Item 21 (Signature of Member Being Separated) shows he authenticated this document by signing the name that he claims is correct.
7. The applicant submits a copy of his Certificate of Naturalization which shows the name he states is correct.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army. Paragraph 2-4 contains item by item instructions for completion of the DD Form 214. It states Item 1 will contain the name taken from the Soldiers personnel record.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that although the applicant enlisted in the RA under the name that he now claims is incorrect, once he became a U. S. citizen through naturalization, his commander approved his request to change his name to Sxxxxxx, Cxxxxx, and this was the name he was serving under at the time of his REFRAD. Therefore, it would be appropriate to correct his DD Form 214 accordingly.
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 his DD Form 214 by:
a. deleting the entry from item 1 and replacing it with the entry "Sxxxxxx, Cxxxxx" as listed on his Certificate of Naturalization; and
b. issuing him a corrected document to reflect this change.
_______ _ 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) AR20140001453
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140001453
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140001453
Application for correction of military records (with supporting documents provided, if any). The applicant provides the following evidence in support of his application: * DA Form 4187 (Personnel Action) * DD Form 214 * Certificate of Naturalization * Release from Active Duty (REFRAD) Order * Self-Authored Statement CONSIDERATION OF EVIDENCE: 1. DISCUSSION AND CONCLUSIONS: The evidence of record shows that although the applicant enlisted in the RA under the name that he now claims is...
ARMY | BCMR | CY2012 | 20120010311
The military documents contained in his record show he served and was released from the Army under the name shown on his DD Form 214. There is no evidence in his service personnel records to show he legally changed his name while he served in the Army. Therefore, his military records and DD Form 214 are correct as currently constituted and, as a result, there is no basis for granting him the requested relief.
ARMY | BCMR | CY2011 | 20110024827
His DD Form 214 shows his name as "Gxxxxxxxx Exxxxxxx Sxxxxxx." This form lists his name as "Gxxxxxxxx Exxxxxxx Sxxxxxx." The use of the name "Gxxxxxxxx Exxxxxxx Sxxxxxx" was annotated as his correct name at his request; therefore, there is no error in his military record to correct.
ARMY | BCMR | CY2014 | 20140015885
The applicant requests, in effect, that her military records be corrected by: a. issuing a corrected DD Form 214 (Certificate of Release or Discharge from Active Duty) with her current name, Matxxxx Jxxx Dxxxx, and Social Security Number (SSN), XXX-XX-XX18; or b. reissuing of a new complete DA Form 1569-E (Transcript of Military Record) incorporating all previous corrections; and c. providing her information under the Freedom of Information Act (FOIA). The applicant provides * two DD...
ARMY | BCMR | CY2010 | 20100027032
Application for correction of military records (with supporting documents provided, if any). It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. He is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his official military personnel file.
ARMY | BCMR | CY2014 | 20140016763
His records also contain the following: * DA Form 4187 (Personnel Action), dated 28 August 1989, requesting his enlistment in the RA; the form lists his last name as "CXXXXXX" * DD Form 398-2 (Department of Defense, Personnel Security Questionnaire), dated 16 October 1989, which lists his last name as "CXXXXXX;" item 2 (Aliases) of the form lists the name of "RXXXXXXXX" 6. His records also contain the following: * DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United...
ARMY | BCMR | CY2013 | 20130001920
c. Jxxx Sxxxxxx and LTC (R) Lxxxxx both stated, verbatim, that during the jungle phase of the training, they witnessed the applicant lose consciousness on one occasion while they were on a 10-day patrol. With regard to the applicant's request that his medical records be corrected to show he suffered from two incidents of heat stroke during Ranger Training and was not properly treated in accordance with FM 21-11: a. There is no evidence in his service records and he provides insufficient...
ARMY | BCMR | CY2010 | 20100007382
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. The evidence confirms the applicant served his entire military career between 1966 and 1968 under the last name of Cxxxxxx with a date of birth of 18 January 1941 and his DD Form 214 was completed accordingly. The applicant is advised that...
ARMY | BCMR | CY2013 | 20130009738
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 22 Jxxx 1943 vice 29 Jxxx 1942. In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as 22 Jxxx 1943.
ARMY | BCMR | CY2012 | 20120018819
In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) and listed his DOB as "21 Jxxx 19XX." Several other documents in his service records contain a DOB that is consistent with the DOB he listed on his DD Form 398. _______ _ __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.