IN THE CASE OF:	 

		BOARD DATE:	  6 May 2014

		DOCKET NUMBER:  AR20130014271 


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 records to show his name as "Mxxxxx Xavier Gxxxx Txxxxx" instead of "Mxxxxx Xavier Gxxxxxxxxxx."

2.  The applicant states:

* his father's last name is "Gxxxx" and his mother's last name is "Txxxxx"
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) has both names put together as one word
* his birth certificate shows his name as "Mxxxxx Xavier Gxxxx Txxxxx"
* a clerical error must have occurred
* he and his wife are trying to purchase their first home using his Department of Veterans Affairs (VA) benefits
* his lending institution has noticed the name mismatch on his DD Form 214 and other documents
* he did not think his name would be a problem but now he realizes the importance of getting the error fixed

3.  The applicant provides:

* birth certificate
* 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 enlisted in the Regular Army on 9 July 1998.

3.  The following documents contained in his records show his name as "Mxxxxx Xavier Gxxxx Txxxxx":

* DD Form 1966 (Record of Military Processing – Armed Forces of the United States)
* Standard Form 86 (United States of America – Authorization for Release of Information)

4.  On 8 July 2002, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows his name as "Mxxxxx Xavier Gxxxxxxxxxx."

5.  He provides a copy of his birth certificate that lists his name as "Mxxxxx Xavier Gxxxx Txxxxx."

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states that the purpose of the separation document is 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.

DISCUSSION AND CONCLUSIONS:

1.  In connection with his enlistment, the applicant listed his name as "Mxxxxx Xavier Gxxxx Txxxxx."  However, it appears an administrative error occurred with the spelling of his last name after his accession onto active duty and continued throughout his service.
2.  Nevertheless, based on the evidence of record and the evidence provided by the applicant, it would be appropriate at this time to correct his DD Form 214 to show his name as it is listed on his birth certificate.

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 DD Form 214 to show his name as it is listed on his birth certificate.



      ___________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)                                         AR20130014271



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ABCMR Record of Proceedings (cont)                                         AR20130014271



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