RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 June 2007
DOCKET NUMBER: AR20070000712
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. Jerome L. Pionk
Member
Ms. Jeanette B. McPherson
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 correction of his military records to show his first name as Jorge.
2. The applicant states that his name is incorrectly entered on his military records as George, and he needs it changed to match his other records.
3. The applicant provides copies of his birth certificate issued on 12 June 1986, showing his first name at birth to be Jorge, and his Certificate of Release or Discharge from Active Duty (DD Form 214).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 17 July 1980, the date of his release from active duty. The application submitted in this case is dated 3 January 2007.
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 applicants failure to timely file.
3. On 18 July 1977, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 71L1O (Administrative Specialist).
4. The applicants high school diploma shows his first name as George.
5. The applicants Enlistment Agreement (DD form 4) dated 14 July 1977, shows his name as George, but that he signed the form as Jorge.
6. The applicants military identification card application uses the first name of George. The applicant signed his name as George.
7. The applicants Servicemans Group Life Insurance Election and his Record of Emergency Data are typed and signed using the first name of George.
8. Virtually every document in the applicants personnel records has been typed using his first name as George. This includes orders, performance evaluations, promotion recommendations, and personnel actions. When required, he signed all of these documents as George. His medical and dental records also use George as his first name.
9. The Applicant signed his DD Form 214 as George.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the Army using George as his first name. With the exception of signing his DD Form 4 as Jorge, his entire military record is under the first name of George. He consistently used this name throughout his military service and even signed his DD Form 214 as George.
2. The applicants high school graduation diploma uses George as his first name.
3. The birth certificate provided by the applicant was issued 6 years after his discharge. Therefore, it is impossible to determine if this document represents the applicants name as given him prior to his entry on active duty.
4. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
5. Therefore, there is no basis for granting the applicant's request to change the name he voluntarily used during his military service.
6. Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 July 1980; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
16 July 1983. 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
__JEA___ __JLP __ __JBM __ 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.
____James E. Anderholm___
CHAIRPERSON
INDEX
CASE ID
AR20070000712
SUFFIX
RECON
DATE BOARDED
20070626
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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