IN THE CASE OF:
BOARD DATE: 1 October 2015
DOCKET NUMBER: AR20150002317
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name as N___ E____ G____ V____.
2. The applicant states he wants his DD Form 214 corrected to show his name as it appears on his certificate of naturalization and social security card.
3. The applicant provides:
* certificate of naturalization
* social security card
* Texas driver's license
* DD Form 214
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's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 13 February 2002, shows his name as G____-V____, N____ E____ and his signature name as N____ E____ G____ V____.
3. He was honorably discharged on 27 June 2008 by reason of physical disability with severance pay, non-combat related. Item 1 (Name Last, First, Middle) of his DD Form 214 shows his name as G____V____, N____ E. (no space or hyphen in last name with only middle initial).
4. He provided a certificate of naturalization which shows his name as N____ E____ G____ V____.
DISCUSSION AND CONCLUSIONS:
The applicant contends his full name is N____ E____ G____ V____ and the signature name on his DD Form 4 and certificate of naturalization support this contention. Based on the foregoing evidence, it would be appropriate to correct item 1 of his DD Form 214 to show his name as N____ E____ G____ V____.
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 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 current entry in item 1 of his DD Form 214 and replacing it with the name shown on his certificate of naturalization.
___________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) AR20150002317
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ABCMR Record of Proceedings (cont) AR20150002317
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