RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 October 2007
DOCKET NUMBER: AR20070006827
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:
Ms. Ann M. Campbell
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Jeffrey C. Redmann
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 correct name.
2. The applicant states that his name is incorrectly entered on his military records.
3. The applicant provides a copy of his Report of Separation from the Armed Forces of the United States (DD Form 214), Honorable Discharge Certificate, Certificate of Baptism, notarized statement from his mother, social security card, driver's license, and a veterans universal access card.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 16 May 1951 using a first name different from that which is shown on his baptism certificate. He completed his initial training and was awarded a military occupational specialty of 1677 (Military Policeman).
3. While much of the applicant's military record was burned, there are a sufficient number of documents available showing that he used the same first name throughout his entire period of service and signed his DD Form 214 with this same first name.
4. The notarized letter from the applicant's mother, states that the applicant had enlisted under his correct name [not the name he served under] and that the Army had requested a copy of his birth certificate and changed his first name. His mother provided a copy of his baptism certificate and requested that he use his baptized name. His mother further reported that the midwife had erred in registering the birth. She also stated that after he enlisted, the State of Louisiana altered the applicant's birth certificate to agree with the name on the baptism certificate, but that the Army never changed their records to this name.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the Army using a first name that was different from that shown on his baptism certificate. He consistently used this name throughout his military service to include the signing of his DD Form 214.
2. 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.
3. Therefore, there is no basis for granting the applicant's request to change the name he voluntarily used during his military service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__LMD__ __JCR __ __AMC__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
___ Ann M. Campbell____
CHAIRPERSON
INDEX
CASE ID
AR20070006827
SUFFIX
RECON
DATE BOARDED
20071002
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100.0100
2.
3.
4.
5.
6.
ARMY | BCMR | CY2009 | 20090019025
Also available are the following: certificate of birth for R____ E____ R____; physical and mental examination for R____, R____ J____; WD AGO Form 53-59 (Enlisted Record and Report of Separation Undesirable Discharge) for R____, R____ J.; numerous discharge related documents; summary of neuropsychiatric evaluations of R____, R____ J., dated 1 November 1948; Mental Hygiene Consultation Services, 9th Infantry Division, Fort Dix, New Jersey, progress notes, dated 6 October 1949; certificate of...
ARMY | BCMR | CY2007 | 20070011569
The applicant requests his military records be corrected to show his middle initial as "I. 2. The applicant requests his service records be corrected to show his middle initial as "I" instead of middle name "Peter." Evidence of record shows the applicant enlisted and served using the middle name of "Peter" throughout his RA and USAR military career.
ARMY | BCMR | CY2009 | 20090016259
The applicant requests his service records be corrected to show his first name as MIECESLAUS instead of MECESLAUS. Evidence of record shows the applicant enlisted and served using the first name of MECESLAUS throughout his entire period of service. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2008 | 20080005995
He now requests his military records corrected. Counsel requests correction of the applicants military records to show his correct name, date of birth, and place of birth. The applicant requests that his DD Form 214, dated 24 November 1969, be corrected to show his correct name as Roxxxxo Rxxxxa-Vxxa, his DOB as 29 July 1947, and place of birth as Arecibo, Puerto Rico. 2.
ARMY | BCMR | CY2012 | 20120009271
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. The documents contained within his DA Form 201 (Military Personnel Records Jacket) show his last name as "D___-V___." In the absence of convincing independent and verifiable evidence to the contrary, it is presumed his military service...
ARMY | BCMR | CY2008 | 20080009455
Application for correction of military records (with supporting documents provided, if any). The evidence of record confirms that both the FSM and his mother provided the recruiter a copy of the FSMs Certificate of Baptism to confirm that he was at least 17 years of age at the time of his 1 December 1947 enlistment in the Army, as evidenced by the 29 November 1947 notarized affidavit on file. In addition, the FSM was found to be mentally and physically fit for military service by...
ARMY | BCMR | CY2012 | 20120010841
The applicant requests correction of his records to show his date of birth (DOB) as 12 November 1941 instead of 13 November 1941. He is requesting his military records be changed to reflect his legal DOB as 12 November 1941. There is no available evidence showing he used the DOB of 12 November 1941 that is listed on his Certification of Birth during his military service.
AF | BCMR | CY2003 | BC-2002-03466
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-03466 INDEX CODE: 100.01 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: The inaccurate spelling of his name in his record be corrected from “B---sz” to “B---rz.” ___________________________________________________________________ APPLICANT CONTENDS THAT: The reasons the applicant believes the records to be...
ARMY | BCMR | CY2011 | 20110017397
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records by changing his middle name from John to Patrick. This regulation has historically stated that item 1 of the DD Form 214 will contain the name taken from the Soldier's personnel record.
ARMY | BCMR | CY2013 | 20130013273
The applicant requests that his military records be corrected to reflect his name and date of birth (DOB) as those listed on his birth certificate. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record, previously known as the Official Military Personnel File. 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.