BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160000757 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 May 2017 DOCKET NUMBER: AR20160000757 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 his DD Form 214 by deleting the first name entry in item 1 and replacing it with first name as listed on his DD Form 47 and DA Form 20. ___________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 May 2017 DOCKET NUMBER: AR20160000757 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 correct of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as Rumxxxx instead of Ronxxxx. 2. The applicant states his DD Form 214 incorrectly lists his first name. 3. The applicant provides no additional documents. 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 11 June 1971, the applicant was inducted into the Army of the United States. Item 1 (Last Name-First Name-Middle Name) of his DD Form 47 (Record of Induction) contains the first name that he claims is correct. 3. The majority of the documents contained in his official military personnel file to include the following documents list Rumxxxx, the first name that he now claims is correct: * DD Form 398 (Statement of Personal History) * DA Form 20 (Personnel Qualification Record) * VA Form 29-8296 (Servicemen’s Group Life Insurance Election) 4. On 8 June 1973, the applicant was honorably released from active duty after completing 1 year, 11 months, and 22 days of total active service. Item 1 of the DD Form 214 issued to him includes the entry "Ronxxxx," the name that he claims is incorrect. Item 21 (Signature of Member Being Separated) shows he authenticated this document by signing the name that he claims is correct. REFERENCES: Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army. Paragraph 2-4 contains item by item instructions for completion of the DD Form 214. It states Item 1 will contain the name taken from the Soldier’s personnel record. DISCUSSION: The evidence of record confirms the applicant was inducted and served on active duty under the name he states is correct. He used the name "Rumxxxx" throughout his military service. The evidence indicates an error was made when the first name "Ronxxxx" was entered on 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) AR20160000757 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000757 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2