RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 December 2005
      DOCKET NUMBER:  AR20050005862


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Richard Sayre                 |     |Member               |
|     |Ms. Maribeth Love                 |     |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 records be corrected to reflect his
first and middle name as R_ _ _n A_ _ _ _ _o as shown on his birth
certificate.

2.  The applicant states he was born in Puerto Rico and his birth
certificate reads R_ _ _n A_ _ _ _ _o B_ _ _n; however, no one knows him by
that name.  He states that everyone knows him as R_ _ _ _ _d A. B_ _ _n
which is only the translation of his Spanish name.  People began referring
to him this way because he was asked his name when he first enlisted in the
National Guard and he responded by saying his name was R_ _ _n A_ _ _ _ _o
B_ _ _n.  He was told that he was in the U.S.A. [United States of America]
and his name was
R_ _ _ _ _d A. B_ _ _n.  He would like his records to reflect the fact that
the two names are one and the same and represent the same person.  His main
concern is that his wife gets what is rightfully hers from the Survivor
Benefit Plan he has been paying.

3.  The applicant provides his birth certificate, his 20-Year Letter, his
DD Form 214 (Report of Separation from the Armed Forces of the United
States), a photocopy of his social security card, his Notice of
Classification, his Certificate of Service, his Registration Certificate,
his Certificate of Membership, his marriage certificate, and his
Certificate of Retirement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 September 1952.  The application submitted in this case is
dated 27 March 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 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 enlisted in the Army National Guard on 18 January 1950.
His Enlistment Record shows his first and middle name as R_ _ _ _ _d A_ _ _
_ _y.

4.  He was ordered to active duty on 11 September 1950 and was released
from active duty on 10 September 1952.  His DD Form 214 for the period
ending 10 September 1952 shows his first and middle name as R_ _ _ _ _d A_
_ _ _ _y in item 1 (Last Name- First Name-Middle Name).  He signed this
discharge document in Block 49 (Signature of Person Being Separated)
indicating his first name as R_ _ _ _ _d and his middle initial as "A."  He
was transferred back to the National Guard on 11 September 1952.

5.  The applicant's NGB Form 22 (Report of Separation and Record of Service
in the Army National Guard) for the period ending 17 October 1953 shows his
first name as R_ _ _ _ _d and his middle initial as "A."  He signed this
document in Block 33 (Signature of Person Being Discharged) indicating his
first and middle name as R_ _ _ _ _d A_ _ _ _ _y.

6.  The applicant's Notice of Classification dated 3 February 1954 shows
his first name as R_ _ _n and his middle initial as "A."  His Registration
Certificate shows his first and middle name as R_ _ _n A_ _ _ _ _o.

7.  His Certificate of Marriage Registration shows his first name as R_ _ _
_ _d and his middle initial as "A."

8.  His DA Form 20 (Enlisted Qualification Record) shows his first and
middle name as R_ _ _ _ _d A_ _ _ _ _y.  The majority of the documents in
his personnel records show his first and middle name as R_ _ _ _ _d A_ _ _
_ _y.

9.  The applicant continued to serve in the Army National Guard and was
later transferred to the U.S. Army Reserve.  He was retired and placed on
the retired list on 9 August 1991.  His retirement orders and Certificate
of Retirement show his first name as R_ _ _ _ _d and his middle initial as
"A."

10.  The applicant provided a copy of his birth certificate which shows his
first and middle name as R_ _ _n A_ _ _ _ _o.  His social security card
also shows his first and middle name as R_ _ _n A_ _ _ _ _o.

11.  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 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 applicant's birth certificate and social security card
show his first and middle name as R_ _ _n A_ _ _ _ _o, his military
personnel records show his first and middle name was R_ _ _ _ _d A_ _ _ _
_y throughout his military 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 an additional record of his birth name,
and the name he is currently using, will be on hand.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 September 1952; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 9 September 1955.  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

JM______  RS______  ML______  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 Meixell__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005862                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051201                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0900                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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