IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140019880
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 Honorable Discharge Certificate, dated 4 January 1989, to show his first name as Brian vice Brain.
2. The applicant states his first name is spelled wrong on his Honorable Discharge Certificate.
3. The applicant provides a certificate and his 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. The applicant enlisted in the Regular Army (RA) on 29 December 1982. His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 29 December 1982, shows his first name as Brian.
3. His record contains numerous orders, personnel, medical, and legal documents that all show his first name as Brian. He authenticated many of these forms by placing his signature in the appropriate block using this first name.
4. He was honorably released from active duty on 16 December 1985 and he was transferred to the U.S. Army Reserve (USAR) Troop Program Unit, 55th Support Center, Fort Belvoir, VA. Item 1 (Name (Last, First, Middle)) of the DD Form 214 he was issued shows his first name as Brian.
5. Orders 57-10, dated 1 April 1986, issued by Headquarters (HQ), First U.S. Army, Fort George G. Meade, MD, relieved him from the 55th Support Center, Fort Belvoir, and assigned him to the USAR Control Group, effective 1 April 1986. These orders show his first name as Brian.
6. Orders D-01-002845, dated 4 January 1989, issued by the USAR Reserve Personnel Center, honorably discharged him from the USAR effective 4 January 1989. These orders show his first name as Brain.
7. The applicant provides an Honorable Discharge Certificate, dated 4 January 1989, wherein it shows his first name as Brain. He also provides his social security card wherein it shows his first name as Brian.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant's first name was listed as Brian when he enlisted in the RA and was transferred to the USAR. This is the first name that he used throughout his service in the RA and USAR. It is evident that an error occurred when orders were published on 4 January 1989 and his first name was inadvertently listed as Brain. This error was compounded when his Honorable Discharge Certificate was prepared with his first name as Brain. Therefore, it would be appropriate to issue him a new Honorable Discharge Certificate and a new discharge orders with his first name as it is shown on his DD Form 214.
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 issuing the applicant a new Honorable Discharge Certificate for the period ending 4 January 1989 and a new discharge orders dated 4 January 1989 with his name as it is shown on his DD Form 214.
____________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) AR20140019880
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