IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140011493
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 his retirement orders to show his last name as "R________lave."
2. The applicant states:
a. After his retirement his dual last name was misspelled by an unknown party. His retirement orders show his last name as "R________lve. His actual last name is "R________lave."
b. After he applied for insurance in May 2014, he found that his last name was being spelled as "R_____lve" instead of "R________lave" in his pay records.
c. He has always had problems with the true spelling of his middle name. He was informed that there was not sufficient space for the spelling of his entire middle name. The misspelling of his name is causing delays in getting medical insurance. It has affected simple things such as correspondence and caused problems applying for benefits.
3. The applicant provides:
* two DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* retirement orders
* DD Form 93 (Record of Emergency Data)
* letters from Health Net Federal Services
* Nation Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* retiree account statement
* a letter from the Department of Veterans Affairs
* birth certificate
* high school diploma
* DD Form 1172 (Application for Uniformed Services Identification Card DEERS Enrollment)
* passport
* Certificate of Retirement
* identification card
* Drivers license
CONSIDERATION OF EVIDENCE:
1. On 3 January 1985, the applicant was appointed as a Reserve commissioned officer in the grade of second lieutenant.
2. Orders Number P07-946481, issued by the U.S. Army Human Resources Command (HRC) dated 24 July 2012 show that he was placed on the Retired List effective 5 July 2012.
3. His retirement orders show his last name spelled as "R______lve".
4. On 24 June 2014, HRC corrected his records to show his last name as "R______lave." A DD Form 1343 (Notification of Change in Service Members Official Records), dated 23 June 2014, was issued to reflect this action; however, his retirement orders were not amended.
5. The documents contained within his Military Personnel Records Jacket (MPRJ) show that during his period of active and reserve military service he consistently spelled his last name as "R______lave."
6. He further provides his driver license, U.S. passport and birth certificate; all show his last name spelled as "R______lave."
DISCUSSION AND CONCLUSIONS:
On 24 June 2010, HRC corrected the applicant's records to show his last name as "R______lave" as opposed to R______lve." A DD Form 1343 was issued to reflect this action; however, no amendment to his retirement orders was issued. Therefore, he is entitled to an amendment of his retirement orders to show his name as "R______lave."
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 retirement orders to show his name as "R______lave" as shown on the DD Form 1343.
___________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) AR20140011493
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ABCMR Record of Proceedings (cont) AR20140011493
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