BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150013943 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: 18 August 2016 DOCKET NUMBER: AR20150013943 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 deleting the last name listed in item 1 NAME (Last, First, Middle) of his DD Form 214 and replacing it with the last name listed on his DD Form 398-2. ___________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: 18 August 2016 DOCKET NUMBER: AR20150013943 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the spelling of his last name as "C____-FIGUEROA" instead of "C____." 2. The applicant states, in effect, a typographical error occurred upon completing his DD Form 214. 3. The applicant provides two DD Forms 214, a Certificate of Naturalization, and his social security 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. On 3 August 1994, in preparation for his enlistment in the Regular Army (RA), the applicant and a processing official completed DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States). Item 28b (Certification of Applicant) lists his last name as "C____-FIGUEROA." 3. The applicant enlisted in the RA on 17 November 1994. 4. The applicant reenlisted in the Regular Army on 28 August 1997. Item 1 NAME (Last, First, Middle) of his DD Form 4/1E (Enlistment/Reenlistment Document – Armed Forces of the United States) lists his last name as "C____-FIGUEROA." 5. The applicant's official military records contain various personnel documents that list his last name as "C____-FIGUEROA." He authenticated some of these forms, to include documents associated with his enlistment and reenlistment in the RA such as his DD Form 398-2 (Authority for Release of Information and Records), by signing that name and annotating "NMI" which stands for "No Middle Initial." 6. He was honorably released from active duty on 27 August 2001. His DD Form 214 lists his last name as "C____." 7. The applicant provides his social security card and Certificate of Naturalization, which list his name as he requests. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: The applicant's last name appears as "C____-FIGUEROA" on various personnel documents contained in his official military records; however, it appears as "C____" on his DD Form 214. It appears that an administrative error occurred during the preparation of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013943 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013943 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2