ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 October 2019

	DOCKET NUMBER:  AR20190001906


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 20 November 2011 to show the 
spelling of his last name as " instead of

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record) 
*	Commonwealth of Puerto Rico Certification of Birth, dated issued 5 October 
2017 (two copies)
*	Social Security Card, date issued 26 September 2017
*	DD Form 214, for the period ending 20 November 2011

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, in effect, that about 2010 the laws in Puerto Rico were 
changed requiring both last names to appear on any birth certificate for fraud 
protection.  He request his full last name to appear on his latest DD Form 214 for job 
seeking opportunities and fraud purposes.

3.  The applicant enlisted in the Regular Army on 3 September 2002.  His  
DD Form 4 (Enlistment / Reenlistment Document - Armed Forces of the United 
States) shows he identified his last name as and he signed his name the same way 
on the document. 

4.  The applicant was honorably released from active duty on 5 December 2006 and 
was transferred to the United States Army Reserve (USAR) Control Group 
(Reinforcement).  Item 1 (Name – Last, First, Middle) of his DD Form 214 shows the 
spelling of his last name as

5.  Subsequently, the applicant reenlisted in the Regular Army on 13 January 2010.  
His DD Form 4 shows he identified his last name as and biometrically signed his 
name the same way on the document.  

6.  The applicant was honorably retired on 20 November 2011 by reason of 
disability, permanent (enhanced).  Item 1 (Name - Last, First, Middle) of his  
DD Form 214 shows the spelling of last name as 

7.  A review of his official military personnel file revealed all documents showing his 
last name was spelled consistently as throughout his military service.

8.  The applicant provides a copy of his Commonwealth of Puerto Rico Certification 
of Birth, dated issued 5 October 2017 that shows his last name spelled as 
He also provides a social security card, dated 26 September 2017 that shows his 
last name spelled as 

9.  Army Regulation 635-5 (Separation Documents), dated 15 September 2000, 
directed to enter the last name, first name, and full middle name or names in all 
capitals, in item 1 comparing the ERB/ORB to contract for possible name change at 
the time of separation.  



























BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents 
and evidence in the records.  The Board considered the applicant’s statement, his 
record of service, the last name that appeared consistently throughout his records 
with corresponding signatures and the last name as shown on his separation 
documents.  The Board considered the birth certificate provided by the applicant and 
the change in law.  The Board found insufficient evidence show that the applicant’s 
last name as it appears in his records did not reflect the circumstances as they 
existed at the time of his service.  Based on a preponderance of evidence, and to 
prevent a future injustice, the Board determined that a correction to his DD Form 214 
was appropriate.

2.  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 
about the difference in the date of birth recorded in his military records and the name 
on his birth certificate. 

3. After reviewing the application and all supporting documents, the Board found that 
relief was warranted.




























BOARD VOTE:

Mbr 1	   Mbr 2	Mbr 3

:	   :	:	GRANT FULL RELIEF

:X	   :X	:X	GRANT PARTIAL RELIEF

:	   :	:	GRANT FORMAL HEARING

:	   :	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by 
amending item 18 (Remarks) of the DD Form 214 for the period ending 20 
November 2011 to add 

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so 
much of the application that pertains to changing the name in item 1 of his DD Form 
214.

  


	  
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.  Army Regulation 635-5 (Separation Documents), dated 15 September 2000, 
prescribed the separation documents prepared for Soldiers upon retirement, 
discharge, or release from active military service or control of the Army.  It states 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.  For item 1, enter last name, first 
name, and full middle name or names, in all capitals and compare to applicable 
documents (e.g., ERB/ORB) for name change, if any at the time of separation.

3.  The government of Puerto Rico enacted a new birth certificate law (Law 191 of 
2009, amended June 2010) to strengthen the issuance and usage of birth 
certificates, to combat fraud and protect the identity and credit of all people born in 
Puerto Rico.

     a.  Starting 1 July 2010, the Puerto Rico Department of Health began issuing 
new, more secure birth certificates through the Vital Statistics Record Office.

     b.  On 30 September 2010, the law invalidated all birth certificates issued before 
1 July 2010.  Until 30 September 2010, all birth certificates issued prior to 1 July 
2010 remained valid. 

     c.  On 23 September 2010, the Governor of Puerto Rico signed Executive Order 
2010-045 extending the validity of birth certificates issued before 1 July 2010 to  
30 October 2010.

// NOTHING FOLLOWS //

ABCMR Record of Proceedings (cont)	 AR20190001906

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