BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150013878 BOARD VOTE: __x_______ _x______ __x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150013878 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 amending item 1 of his DD Form 214 dated 5 September 2011 to show his last name as it is listed on his DD Form 4 and Identification Card. __________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. BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150013878 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 last name on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from "Romero" to "Romero Zambrano." 2. The applicant states he served his country proudly; however, he feels as if his time in service has not really counted as a result of his name being misspelled as "Romerozambrano" throughout his entire Official Military Personnel File (OMPF) since joining the service. He further states while attempting to get his driver’s license and his Veterans Affairs (VA) Identification Card he was informed by both the Department of Motor Vehicles and VA that based on the name listed on his DD Form 214 not matching the name on his Social Security Card he could not obtain these documents. 3. The applicant provides: * DD Form 214 * United States Uniformed Services Identification Card 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 2 May 2002. His DD Form 4 (Enlistment/Reenlistment Document) listed his last name as "RomeroZambrano." He authenticated this contract with his signature using this name. 3. The majority of the documents contained in his OMPF list his name as "RomeroZambrano": * SGLV 8286 (Service Members’ Group Life Insurance Election and Certificate * DA Form 199 (Physical Evaluation Board (PEB) Proceedings) * DA Form 1059(Service School Academic Evaluation Report) 4. On 5 September 2011, he was retired and placed on the temporary disability retired list. Item 1 Name (Last, First, Middle) of his DD Form 214 listed his last name as “Romero." 5. He provides a copy of his military identification card which shows his last name as “Romero Zambrano.” 6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs 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 REFERENCES: The applicant listed his last name as "Romero Zambrano” when he enlisted in the Regular Army. His last name also appears with this spelling on other documents in his service record. As such, evidence indicates his last name was inadvertently misspelled on his DD Form 214. DISCUSSION: The evidence of record shows he enlisted in the Regular Army with the last name as "Romero Zambrano." Therefore his DD Form 214 should be corrected acordingly //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013878 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013878 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2