BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150015938 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 March 2017 DOCKET NUMBER: AR20150015938 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 reissuing his 2 February 1983 Honorable Discharge Certificate with his name shown in signature order (first name – middle name – last name). _____________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 March 2017 DOCKET NUMBER: AR20150015938 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, in effect, correction of his Honorable Discharge Certificate, dated 2 February 1983, to show his true name (first name – middle name – last name) instead of his last name, first name and middle name. 2. The applicant states that showing his last name before his first name is an adulteration of his true name on his Honorable Discharge Certificate. He believes his Honorable Discharge Certificate is wrong because he did not sign his DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 16 March 1988. 3. The applicant provides: * DD Form 214 * Certificate of Baptism * ORM Number 256A 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 28 December 1978, the applicant enlisted in the U.S. Army Reserve (USAR) for 6 years with assignment to the Delayed Entry Program for up to 365 days with the stipulation that within that period he would further enlist in the Regular Army for 3 years or be ordered to 3 years active duty in the USAR. On his DD Form 4 the applicant's name was listed in block 1 (Identification Data – Name (Last – First – Middle)) as R____, Robert Allen. In block 14a (Certificate and Acceptance – Typed Name of Applicant/Enlistee) his name is typed as Robert Allen R____. In Block 14b (Signature of Applicant/Reenlistee) he signed as Robert Allen R____. 3. On 12 January 1979 he enlisted in the Regular Army for 3 years. He completed basic and advanced individual training as a teletype operator in military occupational specialty (MOS) 72E. 4. He was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) on 11 January 1982 upon completion of his active duty service obligation. He was issued a DD Form 214 showing he completed 3 years of active federal service. Item 1 (Name (last, first, middle)) of his DD Form 214 shows the entry R____, Robert Allen. 5. On 23 November 1982 the applicant enlisted in the USAR for 3 years in the Delayed Entry Program. 6. The applicant enlisted in the Regular Army for 3 years on 2 February 1983. As a result of this action, he was discharged from the USAR and subsequently entered the Regular Army. He was issued an Honorable Discharge Certificate showing his name as "R____ Robert Allen." 7. The applicant served approximately one year when he extended his enlistment in order to have sufficient time for training in a new MOS. He attended 52 weeks of Prime Power Generator School for MOS 52E. After promotion to pay grade E-6 he became an instructor. 8. On 16 March 1988 the applicant was honorably discharged due to the expiration of his term of service. He had served 5 years, 1 month, and 15 days of active federal service this enlistment period. The DD Form 214 issued at that time shows he was unavailable for signature. REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. This regulation was applicable to members of the USAR. It states, in pertinent part, a DD Form 256A is an Honorable Discharge Certificate. A DD Form 256A is issued to USAR enlisted members who are eligible to enlist in the Regular Army. The entries on the discharge certificate will be typed in capital letters in signature order, with grade and branch. DISCUSSION: The applicant's 2 February 1983 Honorable Discharge Certificate was improperly prepared. According to the governing regulation his name should have been entered in signature order in capital letters. This document may be reissued. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015938 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015938 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2