RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 May 2005
      DOCKET NUMBER:  AR20040006156


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Carmen Duncan                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the first and middle names
recorded in Item 1 (Last Name, First Name, Middle Name) of his separation
document
(DD Form 214) be corrected to read Ramon Miguel, instead of Miguel Ramon as
is currently entered; and that the date of birth entry in Item 9 (Date of
Birth) be corrected to read 31 August 1947, as opposed to 31 November 1947,
as is currently listed.

2.  The applicant states, in effect, that the first and middle names listed
on his
DD Form 214 are reversed and should be corrected.  He also states that his
date of birth is 31 August 1947 and is incorrectly listed as 31 November
1947 on his separation document.

3.  The applicant provides a copy of his birth certificate, driver’s
license and social security care in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 30 July 1968.  The application submitted in this case is
dated
21 July 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows he was inducted in the Army and entered
active duty on 18 January 1968.  The Record of Induction (DD Form 47)
prepared on him during his induction processing on 21 December 1966, lists
his first and middle names as Miguel Ramon in Item 1 (Last Name, First
Name, Middle Name).  This document also lists his date of birth as 31
August 1947 in Item 5
(Date of Birth).

4.  The Enlistment Qualification Record (DA Form 20) was prepared on the
applicant on 24 January 1968, upon his entry on active duty, lists his
first name as Miguel and his middle name as Ramon in Item 1 (Name).  Item 6
(Date of Birth) lists his date of birth as 31 November 1947.

5.  An Application for Separation-Hardship Dependency (DA Form 2476)
completed by the applicant on 6 June 1968 listed his first name as Ramon
and his middle initial as M in Item 1 (Name of Applicant).  He signed this
document using the first name Ramon and the middle name Miguel.

6.  On 17 July 1968, the separation authority approved the applicant’s
hardship discharge.  The 1st Endorsement signed by the separation authority
lists the applicant’s first name as Ramon and his middle initial as M.

7.  On 30 July 1968, the applicant was honorably discharged, by reason of
hardship.  Item 1 of the DD Form 214 he was issued upon his separation
lists his first name as Miguel and his middle name as Ramon.  His date of
birth is listed as 31 November 1947 in Item 9 of the separation document.
The applicant authenticated this document with his signature in Item 32
(Signature of Person Being Transferred or Discharged).  He signed this
document using Ramon as his first name and Miguel as his middle name.

8.  The applicant provides a birth certificate issued by the Department of
Health of the Commonwealth of Puerto Rico, a driver’s license from the
State of Texas and a social security card that all list his first name as
Ramon and his middle name as Miguel.  The birth certificate and driver’s
license also list his date of birth as 31 August 1947.

DISCUSSION AND CONCLUSIONS:

1.  The Army has an interest in maintaining the accuracy of its records.
The data and information contained in those records should reflect the
conditions and circumstances that existed at the time the records were
created.  However, in this case, it appears the applicant attempted to
correct his military record prior to separation.  His attempt at correction
is corroborated by his hardship discharge application, the approval of his
discharge by the separation authority and his signature on the DD Form 214.
 Therefore, it would serve the interest of justice and equity to grant the
requested relief.

2.  Further, the applicant’s date of birth appears to have been correctly
established as 31 August 1947 in his Induction Record.  However, it was
incorrectly transferred and entered on his DA Form 20.  Therefore, given
his
birth certificate and driver’s license corroborate the date of birth listed
on his
Induction Record, it would also be appropriate to correct this item of the
record at this time.

BOARD VOTE:

___JNS__  ___CD__  ___RLD _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending his 30 July 1968 DD Form 214
as follows:  Item 1 - delete the first and middle names currently listed
and replace them with the entry “Ramon Miguel”; Item 9 - delete the current
entry and replace it with the entry “31 Aug 47”; and by providing him a
corrected separation document that includes these changes.




            ____John N. Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006156                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/05/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/07/30                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Hardship Discharge                      |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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