ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	BOARD DATE:  19 February 2019

	DOCKET NUMBER:  AR20180000598


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 31 July 1996, to show the spelling of 
his last name as "XXXXXXXXXXX" instead of "Rodriguez." 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Order of Name Change, Superior Court of The State of (two court documents)

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 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 makes no statement in support of his application

3.  The applicant enlisted in the Army National Guard on 1996.  His DD Form 4 
(Enlistment/Reenlistment Document – Armed Forces of the United States) shows he 
identified his last name as "XXXXXXXXXX and he signed his name the same way on 
the document. 

4.  The applicant was ordered to active duty for training on 4 March 1996 and after 
completion of military occupational specialty training was honorably released from 
active duty and transferred back to his unit on 31 July 1996.  Item 1 (Last Name, First 
Name, Middle Name) of his DD Form 214 shows the spelling of his last name as 
"XXXXXXXXXX."  He signed his name the same way on the document.  

5.  The applicant was honorably discharged from the Army National Guard by  
Orders 064-070, dated 5 March 2003 and subsequently from the United States Army 
Reserve by Orders D-02-403722, dated 4 February 2004.  His last name was listed on 
these documents as "XXXXXXXXX."  
6.  A review of his official military personnel file revealed all documents showing his last 
name was spelled consistently as "Rodriguez" throughout his military service. 

7.  The applicant provides two court documents granting the applicant's last name be 
changed from "XXXXXXX" to "XXXXXXXXXX Dated 18 September 2002, after his 
period of active duty service. 

8.  Army Regulation 635-5 (Separation Documents), dated 1989, directed to enter the 
last name, first name, and full middle name or names in all capital letters, in item 1 at 
the time of separation.  


BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board determined that 
the applicant used the name of XXXXXXXXXX throughout his military service and no 
reference of the name XXXXXXXXX was ever made; therefore, relief was not 
warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

: :X	:X	:X	DENY APPLICATION


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.  


	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

?
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 Army Board for Correction of Military Records 
(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.  Army Regulation 635-5 (Separation Documents), dated 2 October 1989, prescribes 
the separation documents prepared for Soldiers upon retirement, discharge, or release 
from active military service or control of the Army.  It establishes standardized policy for 
the preparation of the DD Form 214.  For item 1, enter last name, first name, and full 
middle name or names in all capital letters, at the time of separation.  


ABCMR Record of Proceedings (cont)	 AR20180000598
	
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