RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      14 August 2007
      DOCKET NUMBER:  AR20070004515


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Michael J. Flynn              |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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, in effect, that his name be correctly shown on
his DD Form 214, Armed Forces of the United States Report of Transfer or
Discharge.

2.  The applicant states, in effect, that his name as currently shown on
his DD Form 214 should read, V***** O. O******.  He adds that his social
security records, and others, are correct and his DD Form 214 should also
be corrected.

3.  In support of his request, the applicant provides a copy of his DD Form
214 and a copy of his Certificate of Baptism.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 10 March 1969, the date he was released from active duty.  The
application submitted in this case is dated 19 March 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
applicant’s failure to timely file.

3.  The evidence shows the applicant was inducted into the Army of the
United States on 16 March 1967.

4.  The applicant's DD Form 47, Record of Induction, shows he was inducted
with the name, O*****, O**** V*****.

5.  The applicant's induction orders, Special Orders Number 54,which were
prepared at the Armed Forces Examining and Entrance Station, Abilene,
Texas, on 16 March 1967, show his name as, O******, O**** V.

6.  On an unknown date, while he served on active duty, the applicant
completed a DD Form 398, Statement of Personal History, in his own hand.
In Item 1, First Name – Middle Name – Maiden Name (If Any) – Last Name, he
entered, O**** V***** O******.

7.  Item 1 (Name), of the applicant's DA Form 20, Enlisted Qualification
Record, shows the applicant's name as, O****** O**** V.

8.  All documents on file in the applicant's service personnel record shows
he consistently used the same first name, middle name, and last name
throughout the time he was fulfilling his active duty service obligation.
There is no evidence he ever used his middle name as his first name and
vice versa.

9.  The Certificate of Baptism the applicant submitted in support of his
request shows his name recorded in the official church records of Saint
Boniface Church, at Olfen, Rowena, Texas, as, V***** O**** O******.

10.  On the applicant's release from active duty, on 10 March 1969, he was
given a DD Form 214.  His name was entered in Item 1 (Last Name - First
Name – Middle Name), of this form as, O******, O**** V.

11.  There is no evidence in the applicant's service personnel records he
attempted to have his name changed while he served on active duty.

12.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers on retirement, discharge, release from active duty service, or
control of the Active Army.  It establishes standardized policy for
preparing and distributing 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.  The evidence shows the applicant was inducted into the Army of the
United States with the name O******, O**** V*****.  The evidence further
shows that he consistently used and served under the name O******, O****
V*****.  A review of the applicant's service records show that the
applicant himself used the name O******, O**** V***** in all documents that
required his name and/or signature.

2.  When the applicant completed his active duty service obligation, he was
released from active duty and had a DD Form 214 prepared to document his
honorable service.  The name that was entered on this official document was
the same name under which he was inducted and the same name he consistently
used throughout his military service:  O******, O**** V*****.
3.  The applicant provided a copy of his Certificate of Baptism; however,
this document is insufficient for the purpose of changing an applicant's
name in official Army records.  In this document, the applicant's name was
recorded as: V***** O**** O******.

4.  A copy of the applicant's birth certificate which is recorded in and on
file in the State of Texas is not available for the Board's review.

5.  The applicant's desire to have his Army records changed is
acknowledged, but there is an insufficient basis for compromising the
integrity of the Army's records.  The Army has an interest in maintaining
the accuracy of its records for historical purposes.  The data contained
in those records should reflect the conditions and circumstances that
existed at the time the records were created, and in the absence of a
showing of material error or injustice, there is little basis for
recommending that the records be changed.  This Board action will be filed
in his official military personnel records so his preference will be a
matter of record and will be available to others having an official need
to know.

6.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 10 March 1969; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 9 March 1972.  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

___MJF__  __LWR__  __DWS_  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.




                                  _____Michael J. Flynn______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070004515                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070814                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |100.0100                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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