IN THE CASE OF: BOARD DATE: 19 April 2016 DOCKET NUMBER: AR20150009156 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 April 2016 DOCKET NUMBER: AR20150009156 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by issuing two DD Forms 215 to add to item 18 of his 12 November 1999 DD Form 214 and 7 February 2006 DD Form 214 the name shown on his United States of America, Certificate of Citizenship (e.g., REFERENCE ITEM 1: NAME: MICHAEL ERICSON MIGUEL R____ ). 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to completely changing his name in his official military service records. _____________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. IN THE CASE OF: BOARD DATE: 19 April 2016 DOCKET NUMBER: AR20150009156 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 military service records to show his legal name. 2. The applicant states that he enlisted in the Army using his full legal name; "Michael Ericson Miguel R____." As time went on, he signed many military forms with the name "Michael Miguel R____" because he thought his name was too long to write. He did not think it would be a problem because he was still using his first name. However, the absence of the name "Ericson" on his separation documents has adversely affected him in civilian life. 3. The applicant provides copies of his birth certificate, United States of America Certificate of Citizenship, social security card, U.S. Passport, DD Form 214 (Certificate of Release or Discharge from Active Duty), and NGB Form 22 (Report of Separation and Record of Service). 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. A DD Form 1966 (Record of Military Processing – Armed Forces of the United States), completed during the applicant's enlistment processing shows in: a. section IV (Certification) – * item 27, in pertinent part, "I certify that the information given by me in this document is true, complete, and correct to the best of my knowledge and belief." * block b (Typed or Printed Name): "R____, Michael Ericson Miguel" * block c (Signature): the applicant signed, "Michael E. M. R____" * item 28 (Data Verification by Recruiter), block a (Name), an "X" indicating "Birth Certificate" b. section VIII (Statement of Name for Official Military Records), item 39 (Name Change): If the preferred enlistment name is not the same as on your birth certificate and it has not been changed by legal procedure prescribed by state law, and it is the same as on your social security number card, complete the following): * block a (Name as Shown on Birth Certificate) "Michael Ericson Miguel R____" * block b (Name As Shown on Social Security Number Card) "Michael M. R____" * block c, "I hereby state that I have not changed my name through any court or other legal procedure, that I prefer to use the name of "Michael Miguel R____" by which I am known in the community as a matter of convenience and with no criminal intent. I further state that I am the same person as the person whose name is shown in item 2." c. The applicant and recruiter placed their signatures on the document. 3. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the Army National Guard (ARNG) of the United States (ARNGUS) and Hawaii ARNG (HIARNG) on 13 March 1999 for a period of 8 years. a. It also shows in item 1 (Name): "R____, Michael Miguel." b. The applicant placed his signature on the document on 13 March 1999. 4. A DD Form 214 shows the applicant was ordered to active duty for training (ADT) on 22 July 1999, released from ADT on 12 November 1999, and transferred to the HIARNG. He had completed 3 months and 21 days of net active service this period and 4 months and 9 days of total prior inactive service. It also shows in: * item 1 (Name – Last, First, Middle): "R____, Michael Miguel" * item 21 (Signature of Member Being Separated), the applicant's signature 5. A DD Form 214 shows the applicant was ordered to active duty on 16 August 2004, honorably released from active duty on 7 February 2006 based on completion of required active service, and transferred to the HIARNG. He had completed 1 year, 5 months, and 22 days of net active service; 3 months and 21 days of total prior active service; and 5 years, 1 month, and 12 days of total prior inactive service. It also shows in: * item 1, "R____, Michael Miguel" * item 21, the applicant's signature 6. An NGB Form 22 shows the applicant enlisted in the HIARNG on 13 March 1999, was honorably separated on 12 June 2006 based on expiration term of service, and transferred to the U.S. Army Reserve Control Group (Annual Training). He had completed 7 years and 3 months of net service this period. It also shows in: * item 1 (Last Name - First Name - Middle Name): "R____, Michael Miguel" * item 20 (Signature of Person Being Separated): "Soldier Not Available to Sign" 7. Documents in the applicant's military personnel record consistently show his name as "R____, Michael Miguel" throughout his period of service. 8. In support of his application the applicant provides the following documents. a. Republic of the Philippines, Municipality of Batac, Office of the Local Civil Registrar, dated 18 February 1987, that shows the applicant was born in September 1981 and his birth name is "Michael Ericson M. R____." b. United States of America Certificate of Citizenship, issued on 16 June 1999, that shows his name as "Michael Ericson Miguel R____" and that he became a United States citizen on 19 July 1991. c. Social Security card issued to him on 29 July 2010 with the name "Michael Ericson Miguel R____." d. U.S. Passport, issued on 17 October 2011, that shows his name as "R____, Michael Ericson Miguel." REFERENCES: Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. It shows for item 1, enter the name in all capital letters. Include "JR," "SR," or "II" when needed. DISCUSSION: 1. The applicant contends, in effect, that the name recorded in his military service records should be corrected to show his birth name because he used a preferred name as a matter of convenience. 2. The evidence of record shows that upon enlistment in the ARNGUS and HIARNG the applicant's name was recorded in his military records as "Michael Miguel R____." At that time, the applicant indicated he chose to use that name rather than his birth name (i.e., "Michael Ericson M[iguel] R____"). 3. The applicant's military service records clearly show his preferred name and that he signed numerous documents using that name. In addition, the applicant's preferred name was consistently recorded in his official military service records, including on two DD Forms 214 when he was released from active duty and on his NGB Form 22 when he was separated from the ARNG. 4. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the applicant offers insufficient evidence to warrant a change to the name in his official military service records. 5. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 6. However, based on the evidence of record, the applicant's request for correction of his name has a degree of merit; therefore, it would be appropriate to amend item 18 of his DD Forms 214 ending on 12 November 1999 and 7 February 2006 by issuing him two DD Forms 215 (Correction of DD Form 214) to show his legal name. 7. The applicant is advised that he should contact the HIARNG and provide a copy of this Record of Proceedings to request a change to the name on his NGB Form 22. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009156 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009156 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2