RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           11 August 2005
      DOCKET NUMBER:  AR20050001119


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael Flynn                 |     |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 that his military records be corrected to show
his first name as Victor and his middle name as Jose.

2.  The applicant does not provide an explanation.

3.  The applicant provides a National Guard Bureau (NGB) Form 22 (Report of
Separation and Record of Service); a Retirement Credits Record; a driver’s
license; a Social Security card; and copy of his birth certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 October 1962.  The application submitted in this case is
dated 7 January 2005.

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 limitation 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 enlisted in the Puerto Rico Army National Guard on 2
October 1961 for a period of 3 years.  He was ordered to active duty on 25
June 1962 for training and was released from active duty on 29 August 1962.
 On 26 October 1962, the applicant was discharged from the Puerto Rico Army
National Guard.

4.  Item 1 (Last Name – First Name – Middle Name) on the applicant’s DD
Form 214 (Report of Transfer or Discharge) shows his first name as Jose.
There is no entry for a middle name.  Item 1 (Name) of the NGB Form 22
shows his first name is Jose.

5.  The applicant’s DD Form 4 (Enlistment Record) and his service personnel
records show his first name as Jose.  There are no entries for a middle
name.

6.  The applicant provided a birth certificate which shows his first name
as Victor and his middle name as Jose.  He also provided a driver’s license
and Social Security card which shows his first name as Victor and a middle
initial of “J.”

7.  Army Regulation 635-5 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 that 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.  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 birth certificate provided by the applicant shows the
first and middle names Victor Jose, it appears the applicant appropriately
served on and was released from active duty and from the Army National
Guard under the first name Jose with no middle name.  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 first
and middle names will be on hand.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 26 October 1962; therefore, the time for the
applicant to file a request for correction of any error expired on 25
October 1965.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JS______  DJ_____  MF______  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            __John Slone____________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050001119                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050811                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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