IN THE CASE OF:	

		BOARD DATE:	  12 February 2009

		DOCKET NUMBER:  AR20080011701 


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 that his last name on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 22 March 1973 be changed to read A___a instead of N____s – A___a.

2.  The applicant states his last name is A___a.

3.  The applicant provides a copy of an untranslated birth certificate from the Commonwealth of Puerto Rico 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 military personnel records show he was inducted into the Army of the United States on 14 December 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  Item 1 (Last Name - First Name - Middle Name) of the applicant's DD Form 47 (Record of Induction) shows his last name as N____s - A___a.

4.  An Acknowledgment of Service Obligation (6-Year Acknowledgment), dated 14 December 1970, identified the applicant with the last name of N____s - A___a.  The applicant signed this document using the last name of N____s - A___a.

5.  Documents contained in the applicant's Military Personnel Records Jacket (MPRJ) identify the applicant with the last name of N____s - A___a.  The applicant signed his name with the last name of N____s - A___a on numerous documents requiring his signature in his MPRJ.

6.  On 22 March 1973, the applicant was discharged.  His last name in Item 1 (Name) of his DD Form 214 is recorded as N____s - A___a.  In item 32 (Signature of Person Being Transferred or Discharged), the applicant signed using the last name N____s - A___a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's last name is entered as N____s - A___a on his Record of Induction and on various documents throughout his MPRJ.  The applicant signed his name using the last name of N____s - A___a on numerous occasions throughout his enlistment and he signed his DD Form 214 in the same manner.  Therefore, in the absence of evidence to the contrary the applicant's last name entered on his DD Form 214 is considered correct.

2.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served.  For historical purposes, 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.  While it is understandable the applicant desires to now record his correct name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his correct name documented in his OMPF.

4.  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 that 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)                                         AR20080011701



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ABCMR Record of Proceedings (cont)                                         AR20080011701



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