IN THE CASE OF:	  

		BOARD DATE:	      22 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090007626 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 August 1970 to show his current middle name.

2.  The applicant states that his middle name was legally changed from "Maria" to "M." and that his DD Form 214 should be corrected to show his middle name as "M."

3.  The applicant provides his DD Form 214 and an Atascosa County District Court Order to Change the Name of an Adult, dated 21 April 2009.

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 enlisted in the Regular Army on 5 August 1966.

3.  All documents in his service records show his middle name as Maria.

4.  On 4 August 1970, he was honorably released from active duty.  His DD Form 214 shows his middle name as Maria.

5.  The applicant provided an Atascosa County District Court Order to Change the Name of an Adult, dated 21 April 2009 that indicates his middle name has been legally changed to "M."

6.  Army Regulation 635-5 (Separation Documents) 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.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show his middle name as "M."  He provided a copy of an Atascosa County District Court Order to Change the Name of an Adult that shows his middle name as "M."  However, the document is insufficient evidence to show that his middle name of Maria as shown on his DD Form 214 should be corrected, and he has not shown that the Army's records are indeed wrong.

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable that he desires to now record his correct middle name in his available records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

3.  He is advised that a copy of this decisional document along with his application and the supporting documents he provided will be filed in his records. 
This should serve to clarify any questions or confusion with regard to the difference in the middle name recorded in his available military records and satisfy his desire to have his correct middle name documented in his military records.

4.  In order to justify correction of a military record he must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  He has failed to submit evidence that would satisfy the aforementioned requirement.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________XXX_____________
                 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.

ABCMR Record of Proceedings (cont)                                         AR20090007626



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ABCMR Record of Proceedings (cont)                                         AR20090007626



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