IN THE CASE OF: BOARD DATE: 26 August 2014 DOCKET NUMBER: AR20140001453 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 record to show his correct name as Sxxxxxx, Cxxxxx instead of Sxxxxxx-Cxxxxx, Jxxx Cxxxxxx. 2. The applicant states: a. his final discharge order and DD Form 214 (Certificate of Release or Discharge from Active Duty) show his old name as it appeared before he became a U.S. citizen; and b. he was sick and did not notice his incorrect listing at the time of his discharge from the Army. 3. The applicant provides the following evidence in support of his application: * DA Form 4187 (Personnel Action) * DD Form 214 * Certificate of Naturalization * Release from Active Duty (REFRAD) Order * Self-Authored Statement 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. On 14 October 1992, the applicant enlisted in the Regular Army. Item 1 (Name-Last, First, Middle) of his DD Form 4 (Enlistment/Reenlistment Document) contains the name he claims is incorrect. 3. His official military personnel file (OMPF) includes and he provides a DA Form 4187 which shows he initiated a request to change his name from Sxxxxxx-Cxxxxx, Jxxx Cxxxxxx to Sxxxxxx, Cxxxxx on 5 November 1996. It also shows his commander approved the request on 6 November 1996. 4. His OMPF includes the following documents that show the new name he now claims is correct: * DA Form 2A (Personnel Qualification Record – Part I) dated 23 December 1996 * DFAS Form 702 (Defense Finance and Accounting Military Leave and Earning Statements) 5. Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, issued Orders Number 121-0002, dated 1 May 1998, ordering the applicant's REFRAD on 14 June 1998. It lists the name he claims is incorrect. 6. On 14 June 1998, the applicant was REFRAD after completing 5 years, 8 months, and 1 day of creditable active military service. Item 1 of the DD Form 214 issued to him contains the entry "Sxxxxxx-Cxxxxx, Jxxx," the name that he claims is incorrect. Item 21 (Signature of Member Being Separated) shows he authenticated this document by signing the name that he claims is correct. 7. The applicant submits a copy of his Certificate of Naturalization which shows the name he states is correct. 8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army. Paragraph 2-4 contains item by item instructions for completion of the DD Form 214. It states Item 1 will contain the name taken from the Soldier’s personnel record. DISCUSSION AND CONCLUSIONS: The evidence of record shows that although the applicant enlisted in the RA under the name that he now claims is incorrect, once he became a U. S. citizen through naturalization, his commander approved his request to change his name to Sxxxxxx, Cxxxxx, and this was the name he was serving under at the time of his REFRAD. Therefore, it would be appropriate to correct his DD Form 214 accordingly. 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 by: a. deleting the entry from item 1 and replacing it with the entry "Sxxxxxx, Cxxxxx" as listed on his Certificate of Naturalization; and b. issuing him a corrected document to reflect this change. _______ _ 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) AR20140001453 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140001453 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1