IN THE CASE OF: BOARD DATE: 13 May 2014 DOCKET NUMBER: AR20130015926 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 (Report of Separation from the Active Duty) and Certificate of Retirement to show his last name as H____-M____ instead of H____. 2. He states his Certificate of Retirement and DD Form 214 show his name as M____ M. H____. However, his first name is Manuel and his last name is H____-M____. 3. He provides: * social security card * U.S. Uniformed Services Identification Card * DD Form 2656 (Data for Payment of Retired Personnel) * DD Form 108 (Application for Retired Pay Benefits) * Army National Guard Retirement Points History Statement * DA Form 1341 (Joint Uniform Military Pay System – Army Allotment Authorization) * birth certificate (Puerto Rico) * Notification of Eligibility for Retired Pay at Age 60 * Army National Guard discharge orders 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 7 August 1974. He was honorably released from active duty on 5 August 1977 and transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his last name as H____, his first name as M____, and his middle name as Manuel. 3. He enlisted in the Army National Guard on 30 April 1981. 4. His service records contain documents showing his last name as H____-M____. 5. He provided the following documents showing his last name as indicated: Document Last Name First Name social security card H____ M____ Manuel U.S. Uniformed Services Identification Card H____ M____ Manuel DD Form 2656 H____-M____ Manuel DD Form 108 H____-M____ Manuel Army National Guard Retirement Points History Statement H____M____ Manuel DA Form 1341 H____M____ Manuel birth certificate H____ M____ Manuel Notification of Eligibility for Retired Pay at Age 60 H____M____ Manuel Puerto Rico Army National Guard Orders 123-11 H____-M____ Manuel 6. He was discharged from the Army National Guard on 21 April 1999 and transferred to the U.S. Army Reserve Control Group (Retired). Item 1 (Last Name – First Name – Middle Name) of his National Guard Bureau Form 22 (Report of Separation and Record of Service) shows his name as H____-M____, Manuel. 7. U.S. Army Human Resources Command Orders C06-394871, dated 18 June 2013, retired him and placed him on the Retired List effective 16 September 2013. These orders show his first name as M____, his middle initial as M, and his last name as H____. His Certificate of Retirement is not present in his records. DISCUSSION AND CONCLUSIONS: 1. The applicant's service records contain numerous documents showing his last name as H____-M____ as reflected on his birth certificate and social security card. 2. However, his DD Form 214 and retirement orders both show his first name as M____ and his last name as H____. 3. It appears that administrative errors occurred when his last name was recorded. Therefore, it would be appropriate to correct his DD Form 214; Certificate of Retirement; and Orders C06-394871, dated 18 June 2013, to show his first name as Manuel and his last name as H____-M____ as shown on his birth certificate and social security card. 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: a. amending his DD Form 214 to show his first name as Manuel and his last name as H____-M____; b. amending Orders C06-394871, dated 18 June 2013, to show his first name as Manuel and his last name as H____-M____; and c. issuing him a Retirement Certificate showing first name as Manuel and his last name as H____-M____. ______________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) AR20130015926 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130015926 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1