RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
				  


	BOARD DATE:	  11 March 2008
	DOCKET NUMBER:  AR20070017048 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones, II

Chairperson

Ms. Carmen Duncan

Member

Mr. Scott W. Faught

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 his military records be corrected as follows:

	a.  Item 4 [Date of Birth (DOB)] of his DD Form 214 (Report of Separation from Active Duty), dated 28 January 1975, from “53 06 20” to “51 01 03”; and

	b.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 9 October 2007, to show “Izxxxxxdo-Ayala” instead of “Izxxxxxdo.”

2.  The applicant states, in effect, that the incorrect entries are affecting his Department of Veterans Affairs (VA) benefits. 

3.  The applicant provides:

	a.  a copy of his DD Form 214, dated 28 January 1975;

	b.  a copy of his DD Form 214, dated 9 October 2007; and

	c.  Commonwealth of Puerto Rico Certification of Birth dated (issued) 25 October 2007.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) for 2 years on 1 February 1973.  His enlistment contract is not available for review with this case.  He was honorably released from active duty (REFRAD) on 28 January 1975 upon completion of 1 year, 11 months, and 27 days of creditable active Federal service.  His DD Form 214 shows his last name as “Izxxxxxdo-Perez” and his DOB as “20 June 1953.”  The applicant authenticated this form in Item 29 (Signature of Person Being Separated).  It appears he used the name “Izxxxxxxdo-Ayala” when he signed this form.  

2.  On 24 November 1981, the applicant enlisted in the USAR for a period of 3 years.  The DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States), dated 24 November 1981, shows his last name as “Izxxxxxdo” and his DOB as “3 January 1951.”  The applicant authenticated this form by placing his signature in Item 14b (Signature of Applicant) using his last name as “Izxxxxxdo” without the word “Ayala” or “Perez.”  

3.  On 18 September 1984, he reenlisted in the USAR for a period of 6 years and subsequently executed a series of reenlistments in the USAR including three
6-year reenlistments on 6 July 1990, 1 June 1996, and 3 March 2002, respectively. All his reenlistments in the USAR show his last name as “Izxxxxxxx” and his DOB as “3 January 1951.”  He authenticated the required forms by placing his signature in the respective Item of each reenlistment contract using his last name “Izxxxxxdo” without the word “Ayala” or “Perez.”

4.  The applicant’s record shows that he was ordered to active duty in support of Operation Noble Eagle on 27 January 2003 and was honorably released from active duty by reason of physical disability on 9 October 2007 and selected Reserve retirement in lieu of severance pay.  

5.  The DD Form 214 he was issued at the time of his separation shows his last name as “Izxxxxxxx” and his DOB as “3 January 1951.”  He authenticated this form by placing his signature in Item 21 (Signature of Member Being Separated); however, it is not clear what last name he used.  

6.  The applicant submitted his Commonwealth of Puerto Rico Certification of Birth dated (issued) 25 October 2007.  This certificate shows his last name as “Izxxxxxdo-Ayala” and his DOB as “3 January 1951.” 

7.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component.  It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

8.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of 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.  With respect to the applicant’s DOB on the DD Form 214, dated 25 January 1975, in the absence of the applicant’s initial enlistment contract and allied documents, it cannot be determined why the applicant’s DOB is shown as 20 June 1953 on that document.  Nevertheless, 

	a.  the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence; and 

	b.  evidence of record shows that upon separation from the Regular Army on 28 January 1975, the applicant authenticated the DD Form 214 issued to him with his signature in Item 29.  This indicates that he verified the information contained on the separation document, to include his DOB, was correct at the time it was issued.  

2.  With respect to the applicant’s last name on the DD Form 214, dated 9 October 2007, it appears that the applicant served using the last name “Izxxxxxdo” without the word “Ayala” or "Perez" throughout the majority of his USAR military career.  His reenlistments, awards, decorations, citations, evaluations, orders, certificates of training, and training certificates, all reflect the last name “Izxxxxxdo.”  Those service records are consistent with the name he was using at that time.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the records in this case.  

4.  A copy of this decisional document, along with the applicant’s application will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the different names and dates of birth, and adequately document his last name and date of birth in his record. 







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__fcj___  __cd____  __swf___  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.



							Frank C. Jones, II
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.