IN THE CASE OF:
BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140003465
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 two separate DD Forms 214 (Certificate of Release or Discharge from Active Duty) to show his first name as "Byron."
2. The applicant states his DD Forms 214 incorrectly reflect his first name as Bryon.
3. The applicant provides copies of his DD Forms 214 and his birth certificate.
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 18 October 1983 under the first name of "Byron" and served under that first name until his release from active duty (REFRAD) on 20 October 1987. His DD Form 214 issued at the time of his REFRAD shows his first name as "Bryon."
3. He again enlisted in the Regular Army on 31 December 1987 under the first name of "Byron" and served under that first name until he was honorably discharged on 25 September 1992. His DD Form 214 issued at the time of his discharge shows his first name as "Bryon."
4. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It stressed the importance of complete and accurate data on all separation documents, particularly the DD Form 214, given the Veteran's reliance of it for post-service benefits.
5. His birth certificate shows his first name as Byron.
DISCUSSION AND CONCLUSIONS:
1. His contention that his DD Forms 214 incorrectly show his first name as "Bryon" has been noted and found to have merit. The evidence shows he twice enlisted using the first name "Byron," which is the first name recorded on his birth certificate. He served under that first name his entire period of service; however his DD Forms 214 show his first name as "Bryon."
2. Given that the first name shown on each of his two enlistment documents is consistent with the first name that appears on his birth certificate, it is reasonable to conclude the first name shown on his DD Forms 214 is incorrect. Accordingly, his DD Forms 214 should be corrected to reflect the first name that is contained on his birth certificate (Byron).
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 Forms 214, for the periods ending 20 October 1987 and 25 September 1992, to show his first name is "Byron."
_______ _ 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) AR20140003465
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