IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140016314
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 name on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his name is spelled incorrectly on his DD Form 214.
3. The applicant provides his DD Form 214, his social security card and his driver license.
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 13 June 2000. The DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) completed at that time shows in Item 1 (Name (Last, First, Middle)) the entry "H____, M____ R____."
3. A review of his records shows his name was reflected as both "M____ R____ H____" and "R____ M____ H____" throughout his military service.
4. On 26 August 2010, he was honorably discharged from active duty. His DD Form 214 shows in Item 1 (Name (Last, First, Middle)) the entry "H____, R____ M____."
5. The applicant provides a copy of his driver license and his social security card which lists his name as it was entered on his DD Form 4.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. This regulation has historically stated that item 1 (Name) of the DD Form 214 will contain the name taken from the Soldier's personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service records contain documents showing his name as both "M____ R____ H____" and "R____ M____ H____." His social security card and his drivers license shows name as "M____ R____ H____." This was the name recorded when he entered military service.
2. However, his DD Form 214 shows his name as "R____ M____ H____."
3. Therefore, it would be appropriate to correct his DD Form 214 to show his name as "M____ R____ H____" as shown on his DD Form 4/1.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 name on his DD Form 214 and replacing it with the name that is listed on his DD Form 4/1.
_______ _ _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) AR20140016314
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ABCMR Record of Proceedings (cont) AR20140016314
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