ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 September 2019 DOCKET NUMBER: AR20170012764 APPLICANT REQUESTS: a correction of his first name on all his service records APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * driver’s license * DA Form 256A (Honorable Discharge Certificate) * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he would like for the misspelling of his first name to be corrected to read Lxxx, ADRIAN Lxx on all his military records. 3. The applicant provides: * his Kansas driver’s license * his DA Form 256A, dated 7 February 2012 with his first name incorrectly spelled as Anxxxx and it should be Adxxxx * his DD Form 214 ending 9 September 2007, shows his correct name as (last-First-Middle), X__, X__ X__ 4. A review of the applicant’s service record shows: a. Having had prior service in the Army Reserve, he enlisted in the Regular Army on 11 March 2004. b. His enlistment contract, DD Form 4 ( Enlistment/Reenlistment Document Armed Forces of the United States), shows that on 5 February 2004, in item #1 he listed his name as Lxxxx , Adxxxx Lxx. c. On 4 October 2007, he reenlisted in the Army Reserve, his DD Form 4, item 1 shows he listed his name as X__, X__ X__. d. His Enlisted Record Brief, dated 12 July 2007, listed his name as Lxxxx, Adxxxx Lxx. e. The standard name line on Orders 307-712, dated 3 November 2010 listed his name incorrectly as X__, X__ X__. f. His NGB 22 (National Guard Bureau Report of Separation and Record of Service) shows his name incorrectly listed in item 1 (Last Name – First Name – Middle Name) X__, X__ X__. g. The DA Form 256A is void in the applicant’s service record. h. The Interactive Personnel Electronics Records Management System (iPERMS) screen shot shows his first name is entered incorrectly as Xxxxxx in the database for his electronic personnel records. i. He was honorably discharged on 9 September 2007, and his name is listed correctly as Xxxxx, Xxxxx Xxx on his DD Form 214. 5. By Army Regulation (AR) 635-5 (Personnel Separations - Separation Documents), paragraph 2-10. (DD Form 256A (Honorable Discharge Certificate) and DA Form 257A (General Discharge Certificate), states issue these discharge certificates appropriately to all Soldiers receiving an honorable or general discharge. In the space under "this is to certify that," enter the name, typed-in capital letters in signature order, followed by the grade and career branch (officer) or component (enlisted). (Do not include a soldier's SSN.) Spell out the component if RA; enter other components as ARNGUS or USAR. Type the name of the officer signing the certificate between the lines in the lower right comer of the certificate. Type the name in capital letters in the signature order, with grade and branch centered below the name. 6. Department of the Army (DA) Pamphlet 600-8-104 (Army Military Human Resource Record Management), It provides operational procedures for the collection, maintenance, use, retention and disposition of the Soldiers’ Army Military Human Resource Record (AMHRR). It states that iPERMS is a Web-based, integrated imaging system that provides roles and rules and secure, encrypted end-to-end records management. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. His DD Form 214 for the period ending 9 September 2007 shows his first name spelled correctly. The Board agreed he was issued a DA Form 256A at the end of his service obligation, and a NGB 22 from the KSARNG with his first name spelled incorrectly. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 reissuing him a DD Form 256A showing his name spelled as listed on his Kansas driver’s license, and coordinate with the National Guard Bureau to correct his name on his NGB Form 22 for the period ending 3 October 2010. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 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 established standardized policy for preparation of the DD Form 214. The DD Form 214 provides servicemembers with a record of their military service. Paragraph 2-10. (DD Form 256A (Honorable Discharge Certificate) and DA Form 257A (General Discharge Certificate), states issue these discharge certificates appropriately to all Soldiers receiving an honorable or general discharge. In the space under "this is to certify that," enter the name, typed-in capital letters in signature order, followed by the grade and career branch (officer) or component (enlisted). (Do not include a soldier's SSN.) Spell out the component if RA; enter other components as ARNGUS or USAR. Type the name of the officer signing the certificate between the lines in the lower right comer of the certificate. Type the name in capital letters in the signature order, with grade and branch centered below the name. 3. DA Pamphlet 600-8-104 (Army Military Human Resource Record Management), provides the procedures for implementing policy contained in AR 600–8–104. It provides operational procedures for the collection, maintenance, use, retention and disposition of the Soldiers’ Army Military Human Resource Record (AMHRR). It states that iPERMS is a Web-based, integrated imaging system that provides roles and rules and secure, encrypted end-to-end records management. 4. AR 600–8–104 (Military Personnel Information Management Records) prescribes policies, operating tasks, and steps governing the Official Military Personnel File; the Military Personnel Records Jacket; the Career Management Individual File’ Army Personnel Qualification Records; and Military Personnel Information Management as a work category. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170012764 4 1