IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150008062 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 item 1 (Name (Last, First, Middle)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 3 August 1992 to show his full name as "Pexxxra-Duran, Ul--" instead of "Pexxxra, Duran Ul--." 2. The applicant states the names were jumbled and his DD Form 214 shows a comma instead of a hyphen. 3. The applicant provides: * Previous Board's decision regarding non-regular retirement * Retirement orders (at age 60) * Letter from the Department of Veterans Affairs 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 U.S. Army Reserve (USAR) on 11 April 1975. His DD Form 4 (Enlistment Document-Armed Forces of the United States) listed his full name as "Pexxxra, Duran Ul--." He signed this document using only his last name "Pexxxra." 3. He enlisted in the Regular Army (RA) on 12 May 1975. His RA DD Form 4 listed his full name as "PexxxraDuran, Ul---." He also signed this document using only his last name "Pexxxra." 4. He reenlisted in the RA on 31 October 1978. His reenlistment contract listed his full name as "Pexxxra, Duran Ul--." He signed this contact using this full name. 5. He reenlisted on 2 March 1981. This reenlistment contract listed his full name as "PexxxraDuran, Ul---." He signed this form using the full name "Pexxxra, Duran Ul--." 6. He reenlisted on 10 December 1986. This reenlistment contract listed his full name as "Pexxxra, Duran Ul---." He signed this form using the full name "Pexxxra, Duran Ul--." 7. His records contain several personnel, finance, medical, legal, educational, and other documents listing his name as "PexxxraDuran, Ul---" or "Pexxxra-Duran Ul---" or "Pexxxra, Duran Ul---." 8. On 9 June 1992, Headquarters, U.S. Army South published his separation orders listing his name as "Pexxxra, Duran Ul--." 9. He was honorably discharged on 3 August 1992. Item 1 of his DD Form 214 listed his full name as "Pexxxra, Duran Ul--." He signed this form using only his last name of "Pexxxra." 10. He enlisted in the USAR on 4 August 1992. This enlistment contract listed his full name as "Pexxxra, Duran Ul---." He signed this form using only his last name "Pexxxra." 11. He petitioned this Board in 2002 (AR2002077570) for correction of his retirement points. The resultant decision memorandum listed his full name as "Pexxxra-Duran, Ul---." 12. On 16 July 2003, the USAR Personnel Command issued him orders placing him on the Retired List effective 1 January 2003, his 60th birthday. The orders listed his full name as "Pexxxra-Duran Ul--." DISCUSSION AND CONCLUSIONS: 1. The applicant served on active duty from 12 May 1975 through 3 August 1992. His service record contains several documents, including his enlistment/reenlistment contracts, listing a variety of names. At times his first name was listed as "Duran," his middle name was listed as "Ul----," and his last name as "Pexxxra." Other times, his name is listed as one last name with a hyphen "Pexxxra-Duran" with the first name being "Ul---." 2. When the Board corrected his records in 2003, the correspondence used by the Board listed his full name as "Pexxxra-Duran, Ul--" with the last name as "Pexxxra-Duran" (hyphenated) and the first name as "Ul---." There is no reason why his DD Form 214 should not reflect a similar name. 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 deleting from item 1 of his DD Form 214 the comma between the names "Pexxxra" and "Duran" and replacing it with a hyphen (i.e., "Pexxxra-Duran"). _______ _ _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) AR20150008062 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008062 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1