BOARD DATE: 31 August 2017 DOCKET NUMBER: AR20160006316 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: 31 August 2017 DOCKET NUMBER: AR20160006316 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 updating his Army Military Human Resource Record data retrieval records in the integrated Personnel Electronic Records Management to show his first name as Curvis. _____________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: 31 August 2017 DOCKET NUMBER: AR20160006316 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 military records to show his first name as Curvis instead of Curtis. 2. He states his first name was misspelled by his reenlistment noncommissioned officer on his last reenlistment contract before retirement and is causing difficulties in retrieving his veterans' and survivor dependent(s) benefits. 3. The applicant provides copies of his Virgin Islands of the United States Certificate of Birth and his DD Form 214 (Certificate of Release or Discharge from Active Duty). 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's birth certificate, issued on 27 July 1979, shows his first name as Curvis. 3. On 17 October 1986, he enlisted in the Regular Army. His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his first name as Curvis. 4. The applicant served through a series of reenlistments. His first name is shown as Curvis on the following DD Forms 4: * 21 March 1989 * 24 September 1992 * 24 October 1997 * 18 April 2001 5. His first name is shown as Curtis on his DD Form 4, dated 29 June 1994, and his DA Form 1695 (Oath of Extension of Enlistment), dated 15 June 1995. 6. His first name is shown as Curvis on his Enlisted Record Brief, dated 8 June 2006. 7. Headquarters, III Corps and Fort Hood, Fort Hood, TX, Orders 192-0106, dated 11 July 2006, released him from active duty and placed him on the Retired List. These orders show his first name as Curvis. 8. He honorably retired on 31 October 2006. He completed 20 years and 14 days of creditable active military service. His DD Form 214 shows his first name as Curvis. 9. The applicant's Army Military Human Resource Record (AMHRR) in the integrated Personnel Electronic Records Management System (iPERMS) database shows his first name as Curtis. 10. His AMHRR contains no evidence indicating he requested a name change or correction. REFERENCES: 1. Army Regulation 600-8-104 (Military Personnel Information Management/ Records), paragraph 6-21 in effect at the time, stated a legal name change or correction would be requested on a DA Form 4187 (Personnel Action) with required documentation to the parent unit. The servicing military personnel division or personnel service center would process the Standard Installation and Division Personnel Reporting System transaction. 2. Army Regulation 600-8-104 (Army Military Human Resource Records Management), currently in effect, prescribes policies governing the Army Military Human Resource Records Management Program. The naming convention AMHRR is an umbrella term encompassing human resource records for Soldiers, retirees, veterans, and deceased personnel. The AMHRR is archived in iPERMS, which has been identified as a Records Management Application for the Army. Paragraph 5-4 (Name Change or Correction) provides that a legal name change or correction will be requested on DA Form 4187 and signed by the company commander. The servicing military personnel division or brigade S-1 approves the request. The approval authority will use the DA Form 4187 and source documents to prepare a legal name change approval memorandum. Once complete, the approval authority will web upload the DA Form 4187 and approval memorandum to iPERMS. The approval authority is also responsible for ensuring that name change or correction is properly recorded in the prescribed human resource system. DISCUSSION: 1. The applicant's military service records show he initially enlisted and ultimately retired under the first name Curvis. His current AMHRR data retrieval records in iPERMS show his first name as Curtis. 2. He is concerned the inconsistencies in his first name will cause difficulties in retrieving or updating his military records and receiving any veterans' and survivor dependent benefits. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006316 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160006316 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2