BOARD DATE: 11 January 2018 DOCKET NUMBER: AR20160005389 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 January 2018 DOCKET NUMBER: AR20160005389 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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: 11 January 2018 DOCKET NUMBER: AR20160005389 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 records to show his first and middle names as Rxxxxxx Hxxx instead of Hxxx Rxxxxxx. 2. The applicant states his name is reversed and should be corrected. His name was incorrect from the date he entered active duty. 3. The applicant provides photocopies of his birth certificate, social security card, driver's license, and DD Form 214 (Report of Separation from Active Duty) for the period ending 6 May 1975. 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 completed a DD Form 398 (Statement of Personal History) on or about 11 May 1972, wherein he listed his first and middle names as Hxxx Rxxxxxx. 3. The applicant enlisted in the Regular Army on 11 May 1972. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his first and middle names as Hxxx Rxxxxxx. 4. The applicant was released from active duty on 6 May 1975. His DD Form 214 shows his first and middle names as Hxxx Rxxxxxx. 5. A review of the applicant's military record reveals he served under the first and middle names Hxxx Rxxxxxx throughout the entire period of his active duty service. There is no evidence that shows he listed his first and middle name as Rxxxxxx Hxxx. 6. The applicant provides photocopies of his birth certificate, social security card, and driver's license, which show his first and middle names in the order he states is correct. REFERENCES: Army Regulation 635-5 (Separations Documents), in effect during the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated 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: 1. The evidence of record shows the applicant served under the first and middle names Hxxx Rxxxxxx throughout the entire period of his active service. 2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 3. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in the first and middle names recorded in his military records and his actual first and middle names. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005389 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005389 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2