IN THE CASE OF:	  

		BOARD DATE:	  	  6 November 2008

		DOCKET NUMBER:  AR20080005366 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the name on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.

2.  The applicant states, in effect, that the name he used during his military service (i.e., Angel V___) should be changed to his legal name (i.e., Luis Angel V___).  He also states that while he was in the military everyone called him Angel, which is his middle name.  He further states it is becoming extremely difficult to renew his driver’s license and to apply for Department of Veterans Affairs (VA) benefits.

3.  The applicant provides copies of what appears to be his Social Security Administration (SSA), Form OA-701 (Social Security Card); New Jersey Motor Vehicle Services Operator License, issued 17 February 2004; and DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of
27 January 1984.

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 military service records contain a DD Form 372 (Application for Verification of Birth for Official U.S. Armed Forces Use Only) dated 
19 January 1981.  This document shows that the applicant’s name was recorded as Luis Angel V___-C_______ and his date of birth (DOB) was 19 June 19__.

3.  The applicant’s military service records contain a DD Form 1966-Series (Application for Enlistment Record - Armed Forces of the United States), dated 16 January 1981.  Block 2 (Last Name - First Name - Middle Name) contains the entry "V___, Angel."  This document also shows, in pertinent part, the applicant’s DOB is recorded as 19 June 19__, his place of birth (POB) is recorded as Puerto Rico, and his Social Security Number (SSN) is recorded as 1xx-xx-8716. Section X (Statement of Name for Official Military Records), Block 48, states “[i]f the preferred enlistment name (name given in Block 2) is not the same as on your birth certificate and it has not been changed by legal procedure prescribed by state law, complete the following:.”  In Item 48, section a, the applicant entered “Luis Angel V___ C_______.”  Block 48, section b, states “I hereby state that I have not changed my name through any court or other legal procedure, that I prefer to use the name of 'Angel V___' by which I am known in the community as a matter of convenience and with no criminal intent.  I further state that I am the same person as the person whose name is shown in Block 2.”  Item 48, section c, states “[m]y Social Security Account Number reflects the name 'L___ A. V___'.”  This document also shows the applicant authenticated the document with his signature in Item 48, section e (Signature of Applicant) by signing “Angel V___.”

4.  The applicant’s military service records contain a DD Form 4 (Enlistment/ Reenlistment Document - Armed Forces of the United States), dated 19 January 1981.  Item 1 (Last Name - First Name - Middle Name) contains the entry “V___ Angel.”  This document also shows, in pertinent part, the applicant’s DOB is recorded as 19 June 19__ and his SSN is recorded as 1xx-xx-8716.  This document also shows that the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 19 January 1981, he was discharged from the USAR on 28 January 1981, and he enlisted in the Regular Army (RA) for a period of 3 years, effective 29 January 1981.


5.  The applicant’s military service records contain a copy of Headquarters, Armed Forces Examining and Entrance Station, Newark, New Jersey, Enlistment Travel Order Number 12-12, dated 19 January 1981.  These orders show, in pertinent part, that “V___, Angel” enlisted in the USAR with a commitment to enter active duty for a period of 3 years.

6.  The applicant’s military service records contain a DA Form 2-1 (Personnel Qualification Record).  This document shows, in pertinent part, the applicant's name is recorded as "V___, Angel," POB is recorded as Puerto Rico, and SSN as 1xx-xx-8716.

7.  The applicant’s military service records contain a DD Form 214, with an effective date of 27 January 1984.  Item 1 (Name - Last, First, Middle) of this document shows the applicant's name is recorded as “V____, Angel (NMN)
(i.e., No Middle Name).”  This document also shows the applicant’s DOB is recorded as 19 June 19__ and SSN as 1xx-xx-8716.  This document further shows the applicant entered active duty on 29 January 1981, he was honorably released from active duty on 27 January 1984, and that he authenticated the
DD Form 214 with his signature (i.e., “Angel V___”).  At the time, he was credited with completing 2 years, 11 months, and 29 days of net active service this period and 10 days total prior inactive service.

8.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Reserve Personnel Center, St. Louis, Missouri, Orders D-01-008733, dated 28 January 1987.  These orders show, in pertinent part, that “V___, Angel” was honorably discharged from the USAR (Ready Reserve), effective 28 January 1987.

9.  In support of his application, the applicant provides the following documents.

     a.  Social Security Administration, Form OA-701 (Social Security Card) that shows the applicant’s name is recorded as Luis Angel V___ and that his SSN is 1xx-xx-8716.

     b.  New Jersey Motor Vehicle Services Operator License, issued 17 February 2004, that shows the applicant’s name is recorded as Luis A. V___ and his DOB as 19 June 19__.

     c.  DD Form 214 with an effective date of 27 January 1984.  This document was previously introduced and considered in this Record of Proceedings.


10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and, in pertinent part, 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.

11.  Army Regulation 340-21 (The Army Privacy Program) sets forth policies and procedures that govern personal information kept by the Department of the Army in systems of records.  Paragraph 2-10 (Amendment of records) provides, in 
pertinent part, that consideration of a request for amendment would be appropriate if it can be shown that the document was not constructed in accordance with applicable record-keeping requirements prescribed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the name on his discharge document and all of his military service records should be corrected because it does not correspond with the legal name that he currently uses.

2.  The evidence of record shows the applicant’s name on his Birth Certificate is recorded as “Luis Angel V___-C_______.”  The evidence of record also shows that, at the time of his enlistment in the U.S. Army, the applicant acknowledged and certified that his legal name was “Luis A. V___.”  The evidence of record further shows that the applicant voluntarily elected to use the preferred name of “Angel V___” for his official military records.

3.  The evidence of record shows the name “Angel V___” was accurately, properly, and consistently recorded in the applicant’s official military service records.  In addition, this name corresponds with the DOB, POB, and SSN provided and affirmed by the applicant upon his enlistment processing on
19 January 1981, upon entry on active duty, and throughout the entire period of his military service currently under review (i.e., from 19 January 1981 through
28 January 1987).

4.  The evidence of record shows that the applicant’s Social Security Card shows his name as Luis Angel V___.  In addition, in the year 2004 the applicant was issued a New Jersey Motor Vehicle Services Operator License showing the name Luis A. V___; his legal name by birth.  Thus, the evidence of record supports the applicant’s claim that he is now using his legal name by birth.

5.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the documents provided by the applicant are insufficient evidence to warrant a change to his military service records and discharge document.

6.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  The applicant’s military service records clearly show that he preferred and elected to use the name Angel V___ during his military service as a matter of convenience and with no intent to defraud.  In this regard, the applicant’s military service records also show that his legal name by birth
(i.e., Luis Angel V___-C_______) is properly and appropriately documented in his military service records.  Thus, in view of the foregoing, there is no basis for granting the applicant's request to change his name in his military service records or his discharge document because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service.  Therefore, the applicant is not entitled to correction of his records.

7.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  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.



      __________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.

ABCMR Record of Proceedings (cont)                                         AR20080005366



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080005366



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1