| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Barbara J. Ellis | Member |
APPLICANT REQUESTS: That his records be corrected to show his name as Robert R___, not Roberto R___-R___.
APPLICANT STATES: That his birth certificate shows his name as Robert R___. The lady at the Selective Service Board in Puerto Rico would not take his birth certificate as proof and put him down as Roberto because he was in Puerto Rico. He was too innocent and would not contradict her and kept quiet up to now. He is having problems with the VA and the Social Security Administration.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.
The applicant was born in New York City, NY. His birth certificate shows his name as Robert R___. He enlisted in the Puerto Rico Army National Guard on 9 November 1947. His Enlistment Record, WD NGB Form 21, shows his name as Roberto R___-R___. He signed the contract as Roberto R___-R___. He enlisted in the Regular Army on 4 December 1948 at Henry Barracks, Puerto Rico. His Regular Army enlistment contract is not available. He separated on 3 December 1949. His Certificate of Service shows his name as Roberto R___.
Army Regulation 635-5 is the current regulation that prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It states that the Certificate of Release of Discharge from Active Duty provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.
2. Although the applicant’s birth certificate records his name as Robert R___, he enlisted in the Puerto Rico Army National Guard under the name Roberto R___-R___. The Board presumes he enlisted in the Regular Army under the name Roberto R___, the name shown on his Certificate of Service. While the Board understands the applicant’s desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records. This Board action will be filed in his military records so a record of his birth name will be on hand and may assist him with any problems he is having with the VA or the Social Security Administration.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__fne___ __mhm___ __bje___ DENY APPLICATION
| CASE ID | AR2001061928 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011018 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.01 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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