RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 January 2008
      DOCKET NUMBER:  AR20070012542


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Gerald J. Purcell             |     |Chairperson          |
|     |Mr. Donald L. Lewy                |     |Member               |
|     |Mr. David W. Tucker               |     |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 the last name listed in his
military records and separation document (DD Form 214) be corrected by
adding the letters "e and s" to the end of his last name.

2.  The applicant states, in effect, that his name was always spelled with
the letters "es" at the end; however, when he enlisted in the Army, his old
birth certificate did not have the correct spelling and omitted the last
two letters of his last name.

3.  The applicant provides a copy of his birth certificate and his
separation document in support of his application.

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
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.
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
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s record shows he enlisted in the Regular Army (RA) and
entered active duty on 1 November 1965.  The Enlistment Record (DD Form 4)
prepared on him during the enlistment process lists his last name as the
one he now claims is in error in Item 1 (Name).

3.  The applicant's record shows that he reenlisted on 29 October 1968, 29
July 1974, 25 April 1978 and 29 February 1980, and that DD Forms 4 prepared
for these enlistments all list the last name he now claims is incorrect in
Item 1.

4.  The applicant's Personnel Qualification Record (DA Form 2-1) that was
prepared on 16 January 1979 and last reviewed by the applicant on 20
November 1981, lists the last name he now claims is in error in Item 1
(Name).

5.  The DD Form 214 issued to the applicant on 31 December 1985, the date
of his retirement, also lists the last name he now claims is incorrect in
Item 1 (Name).  The applicant authenticated this document with his
signature in Item 21 (Signature of Member Being Separated) using the last
name he now claims is incorrect.

6.  The applicant provides a birth certificate issued in 2000, which lists
his last name using the letters "as" and lists the last two letters of his
father's last name using the letters "es".

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the spelling of the last name listed in
his military record and separation document be corrected was carefully
considered.  However, while it is understandable that he would want his
last name corrected to reflect the same last name now listed on his birth
certificate, the evidence of record confirms he entered, served, and was
separated under the last name he now claims is incorrect.  There is no
evidence showing that he attempted to or that his name was corrected while
he was still serving on active duty and as a result, it is presumed he
voluntarily chose to serve using the last name recorded throughout his
military records.

2.  The Army has an interest in maintaining the accuracy of its records.
The data and information contained in those records should reflect the
conditions and circumstances that existed at the time the records were
created.  Absent any evidence that he has actually suffered an injustice
based on the name recorded on his military records and on the specific
documents in question, there is appears to be no compelling reason to
compromise the integrity of the Army’s records to correct his last name at
this late date.

3.  This Record of Proceedings, along with the applicant's application and
supporting documents will be filed in his military record in order to
provide clarity to any confusion that might arise regarding the difference
in his first and middle names.  Filing the Board’s decisional document will
also guarantee the historical accuracy of the applicant's military record
regarding the last name under which he served.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___GJP _  __DLL___  __DWT__  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.





                                  _____Gerald J. Purcell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070012542                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/01/24                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1985/12/31                              |
|DISCHARGE AUTHORITY     |AR 635-200   C12                        |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  1021 |100.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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