IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140016097
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 DD Form 214 (Certificate of Release or Discharge from Active duty) by listing his last name as two words (placing a space between the X and R in his last name).
2. The applicant states that his DD Form 214 incorrectly reflects his last name as one word when it should be reflected as it is listed on his birth certificate and social security card.
3. The applicant provides copies of his DD Form 214, birth certificate, and social security 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. On 18 July 2001, the applicant enlisted in the Regular Army for a period of
4 years, training as an electronic warfare intercept systems repairer, and for a cash enlistment bonus. His DD Form 4/1 (Enlistment/Reenlistment Document-Armed Forces of the United States) shows on the date of enlistment he authenticated this document by signing his last name as it is reflected on his birth certificate and social security card (there is a space between the X and R in his last name.
3. He completed his training and served his entire enlistment using the last name as it is reflected on his birth certificate and social security card.
4. On 17 July 2005, he was honorably released from active duty (REFRAD) due to completion of required active service. He had served 4 years of active service and his DD Form 214 shows his last name is entered without a space between the X and the R.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted and served under the last name that is reflected on his birth certificate and social security card; however, his DD Form 214 was incorrectly prepared to reflect a last name without a space between the X and the R.
2. Accordingly, his DD Form 214 should be corrected to show his last name as reflected on his social security card and birth certificate.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the last name reflected on his DD Form 214 and replacing it with the last name reflected on his birth certificate and social security card.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20140016097
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ABCMR Record of Proceedings (cont) AR20140016097
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