BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20150019083 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: 23 May 2017 DOCKET NUMBER: AR20150019083 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 to show his name as it is shown on in item 41c of his DD Form 1966. _____________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: 23 May 2017 DOCKET NUMBER: AR20150019083 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 name on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. He states his name is listed in the wrong order on his DD Form 214. 3. He provides his birth certificate from the Government of Puerto Rico. 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. His enlistment records show two versions of his name: * a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), completed on 30 April 2002, shows his first name as Oxxxx Mxxxxx * a DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows his name as Oxxxxx O. Mxxxxx Rxxxxx and also shows he stated (in item 41c) that he preferred to use the name Oxxxxx O. Mxxxxx Rxxxxx * a Security Clearance Application shows his name as Oxxxxx O. Mxxxxx Rxxxxx 3. The applicant enlisted in the Regular Army on 12 June 2002. Records created during his active duty service show his name as follows: * Orders 361-404, dated 27 December 2005 – Rxxxxx O. Mxxxxx * Orders 101-0029, dated 11 April 2006 – Rxxxxx O. Mxxxxx * Enlisted Record Brief, dated 11 April 2006 – "Mxxxxx, Rxxxxx Oxxxxx O." 4. He was released from active duty on 11 June 2006 and transferred to the U.S. Army Reserve. The DD Form 214 he was issued at the time shows his name (last, first, middle) as "Mxxxxx, Rxxxxx Oxxxxx." 5. On 16 June 2010 he was honorably discharged from the U.S. Army Reserve. His discharge orders show his name (last, first, middle) as "Mxxxxx Rxxxxx Oxxxxx O." 4. The applicant’s birth certificate shows his name as Oxxxx Oxxxxx Mxxxxx Rxxxxx. DISCUSSION: The applicant enlisted under the name Oxxxxx O. Mxxxxx Rxxxxx and at the time of his enlistment he confirmed that this is the name he preferred to use. He was later honorably discharged from the U.S. Army Reserve under the name Oxxxxx O. Mxxxxx Rxxxxx. The evidence shows that during his active duty service variations on his preferred name were used. The evidence indicates that these variations on his preferred name were mistakes that were carried forward onto his DD Form 214. The DD Form 214 should show the name under which he enlisted, i.e., Oxxxxx O. Mxxxxx Rxxxxx. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019083 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019083 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2