RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 AUGUST 2006
      DOCKET NUMBER:  AR20050015823


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Ms. Karmin Jenkins                |     |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 show he is an
American of Mexican descent, not Puerto Rico, that he is a “junior” (Jr.)
and that he receive an additional award of the Army Good Conduct Medal.  He
also notes that his record calls him a “native” but does not expand on how
that information is erroneous.

2.  The applicant states his records say he is if of Puerto Rican decent
although he was born in Texas and is an American of Mexican descent.  He
states that somewhere along the line the Army stopped putting “Jr.” on all
of his leave and earning statements.  He notes he came into the Army as a
“Jr.” and would like his records set straight.  He also states that he
should have received an Army Good Conduct Medal in 1986 or 1987 and was
told by his commander that he would receive the award, but notes he never
did.

3.  The applicant provides no additional evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 8 April 1992.  The application submitted in this case is
dated
25 October 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.  Records available to the Board indicate the applicant entered active
duty as an enlisted Soldier on 5 August 1982 and served continuously until
8 April 1992 when he was released from active duty with an honorable
characterization of service in pay grade E-5.

4.  Throughout the applicant’s military personnel file, including on
various enlistment and reenlistment documents, he recorded and signed his
name without the designation of Jr.

5.  The applicant was awarded an Army Good Conduct Medal for the period
5 August 1982 through 4 August 1985 and a second award for the period
5 August 1988 through 4 August 1991.  On 12 July 1988 he was denied award
of the Army Good Conduct Medal for the period 5 August 1985 through 4
August 1988 as a result of failing to comply with the Army’s Weight Control
Program.  The applicant was notified of the disqualification by his unit
commander and submitted a statement requesting reconsideration of the
commander’s decision.  An entry in item 27 (remarks) on his Department of
the Army Form 2-1 (Personnel Qualification Record) confirmed that he was
not favourably considered for an award of the Army Good Conduct Medal for
that period.

6.  Army Regulation 600-8-22 provides that the Army Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Army Good
Conduct Medal, disqualification must be justified.  Current practice
requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.

7.  The applicant’s military personnel file indicates he was born in Texas
and that he was an United States citizen by birth.  His 1992 separation
document shows his place of birth as Texas.  The applicant’s file does
contain a copy of an Automated Personnel Qualification Record (Department
of the Army Form 2A) which reflects the entry “Code 4 - Puerto Rican” in
response to “Ethnic Group” and the entry “Code A - Native Born” in response
to “Citizenship.”  The ethnicity code, utilized on the Department of the
Army Form 2A reported the ethnic group to which the person belonged and the
citizenship code identified the legal origin by which the individual
acquired United States citizenship status.  Code 4 indicated individuals of
Puerto Rican descent, while Code 6 indicated persons of Mexican origin and
Code 1 persons of Spanish extraction not delineated as Mexican, Puerto
Rican, Cuban, or Latin American.  Code A indicated an individual was an
American citizen by birth (native born) as apposed to a naturalized citizen
or one that derived his or citizenship via immigration procedures.

8.  Army Regulation 600-8-104, then in effect, established the policies and
provisions for the maintenance of Army military personnel files.  Although
there may be discrepancies in the information contained on his Automated
Personnel Qualification Record, the Department of the Army Form 2A, used
during the service member’s period of military service, was a management
tool used by military commanders and personnel managers to effectively
manage a Soldier’s career.  The form would have been updated upon an
individual’s return to military service and was not intended to be a
historical record of a Soldier’s career. The form is no longer in the
Army’s inventory and has been replaced by an Enlisted Record Brief.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s entire military personnel file and his separation
document does not reflect the designation of Jr. associated with his name.
The fact that it may have been on his leave and earning statements is not
evidence of any error or injustice in his military personnel file.  The
Army has an obligation to maintain records as they were originally
constituted.  In this particular case the applicant’s records were
originally constituted without the Jr. designation and remain so throughout
his military service.  While he has provided no evidence that his records
should have been constituted with the Jr. designation even if such were the
case it would not now serve as a basis to correct his records to reflect
that designation.

2.  The applicant received two awards of the Army Good Conduct Medal while
serving on Active Duty.  He was disqualified and participated in that
disqualification action, for the period between 1985 and 1988.  The
applicant has provided no evidence that his disqualification was improper
or which would now serve as a basis to overturn the 1988 decision of his
commanding officer.  In the absence of such evidence there is no basis to
award the applicant a third Army Good Conduct Medal.

3.  The applicant is a native born United States citizen and hence that
designation on his Department of the Army Form 2A would have been accurate.
 Although the applicant states that he is of Mexican and not Puerto Rican
descent as reflected on his Department of the Army Form 2A, the form was
not intended to be a historical record of a Soldier’s career nor intended
for use outside, or beyond, an individual’s military service, and has
subsequently been replaced by a new form.  Notwithstanding the fact that
the form may contain an error, correcting unclear information or adding
entries to that form years after the fact serves no useful military purpose
and as such, the lack of information, unclear or even incorrect information
on the form does not indicate or create an error or injustice in an
individual’s records necessitating Board action.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 April 1992; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
7 April 1995.  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

___WP__  ___JR___  ___KJ___  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.




                                  _____William Powers________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015823                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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