RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          4 October 2005
      DOCKET NUMBER:  AR20050003255


      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. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |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 that his military records be corrected to show
the correct spelling of his first name.

2.  The applicant states that the correct spelling of his first name is
Vicente not Vinciente.  He contends that the spelling of his first name on
his discharge document seems to be the Italian version.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge); a birth certificate; a driver license; a Social Security card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
8 January 1968.  The application submitted in this case is dated 17
February 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’s DD Form 47 (Record of Induction) shows his first name
is Vinciente.  His Acknowledgement of Service Obligation and DD Form 398
(Statement of Personal History) show his first name is Vicente.  He was
inducted on 23 March 1966, served as an armor intelligence specialist, and
was released from active duty on 8 January 1968.

4.  Item 1 (Last Name – First Name – Middle Name) on the applicant’s DD
Form 214 shows his first name is Vinciente.

5.  The majority of the applicant’s service personnel records show his
first name is Vinciente; however, some records show his first name as
Viciente, Vincente, and Vincent.

6.  In support of his claim, the applicant provided a copy of his birth
certificate and driver license which show his first name is Vicente.  The
Social Security card he provided shows his first name is Vincent.

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.

2.  Although the applicant’s birth certificate shows the first name Vicente
and two service personnel records show the first name Vicente, the
preponderance of his service personnel records show his first name
Vinciente.  It appears he appropriately served on and was released from
active duty under the first name Vinciente.  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 the applicant's military records so a record of the correct
spelling of his birth first name will be on hand.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 8 January 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 7
January 1971.  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

MM_____  LB______  CD_____  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.




            _____Mark Manning_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003255                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051004                                |
|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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