IN THE CASE OF:	  

		BOARD DATE:	       24 February 2009

		DOCKET NUMBER:  AR20080014160 


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 correction of his military records to show his first and middle names as "Raul Eduardo" instead of "Ralph Edward" and recalculation/adjustment of his back pay.

2.  The applicant states that he no longer wants his AKA (also known as) name on his military forms and prefers his birth name on his records which is consistent with his name with the Social Security Administration and national security.  He also states that he is trying to get to the bottom of his back pay that is due to him as a result of all periods of military service.  

3.  The applicant provides copies his DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated 23 March 1988 and 16 October 2007; a copy of his National Guard Bureau (NGB) 22 (Report of Separation and Record of Service), dated 5 September 1989; and copies of his DD Forms 4 (Enlistment/ Reenlistment Document), dated 5 April 1985 and 24 March 1988, in support of his request: 

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 requested his back pay be properly calculated and/or adjusted. However, he did not clearly state what specific record he wishes to be corrected and was advised by separate correspondence that in order for the Board to properly consider his case, he will need to clarify the specific issue he seeks correction, the circumstances of any error or injustice, and provide supporting evidence, if applicable.  Therefore, the issue of adjustment of his back pay will not be discussed further in the Record of Proceedings. 

3.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 11 April 1984.  He subsequently entered active duty for training (ADT) on 12 April 1984, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  He was honorably released from ADT to the control of his USAR unit on 7 September 1984.  

4.  Item 1 (Name (Last, First, Middle)) of the DD Form 214 he was issued on 7 September 1984 shows his first and middle names as "Ralph Edward."  He authenticated this form by placing his signature in the appropriate block.  However, his signature on this DD Form 214 is illegible.

5.  The applicant’s records further show he enlisted in the Regular Army (RA) for a period of 3 years on 24 May 1985.  Item 1 (Name (Last, First, Middle)) of his DD Form 4 shows his first and middle names as "Ralph Edward."  He authenticated this form by placing his signature in the appropriate blocks using his first and middle names as "Ralph Edward."  

6.  Item 1 (Name) of the applicant's DA Form 2-1 (Personnel Qualification Record) created on 28 May 1985 and reviewed by the applicant on 31 December 1986 shows his first and middle names as "Ralph Edward."  He authenticated this form by placing his signature in Item 34 (Signature) using his first name as "Ralph" and his middle initial as "E." 





7.  The applicant’s records show he was honorably released from active duty on 23 March 1988.  Item 1 of the DD Form 214 he was issued on 23 March 1988 shows his first and middle names as "Ralph Edward."  He also authenticated this form by placing his signature in the appropriate block using his first name as "Ralph" and his middle initial as "E." 

8.  The applicant’s records also show he enlisted in the Massachusetts Army National Guard (MAARNG) on 24 March 1988.  Item 1 of his DD Form 4 shows his first and middle names as "Ralph Edward."  He authenticated this form by placing his signature in the appropriate blocks using his first and middle names as "Ralph Edward."  

9.  The applicant’s records show he was separated from the MAARNG and transferred to the USAR Control Group (Reinforcement) on 5 September 1989.  Item 1 (Last name, First Name, Middle Name) of the NGB Form 22 he was issued on 5 September 1989 shows his first name as "Ralph" and his middle initial as "E."  This form further shows the applicant was not available to sign this form.

10.  After a break in service, the applicant enlisted in the Regular Army for a period of 3 years and 18 weeks on 4 January 2007.  Item 1 of his DD Form 4 shows his first name as "Raul" and his middle initial as "E."  He authenticated this form by placing his signature in the appropriate blocks using his first name as "Raul"; however, he did not use his middle name in his signature. 

11.  The applicant’s records show he was discharged on 16 October 2007.  Item 1 of the DD Form 214 he was issued on 16 October 2007 shows his first and middle names as "Raul Eduardo."  He authenticated this form by placing his signature in the appropriate block using his first name as "Raul"; however, he did not use his middle name.

12.  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.



13.  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.  The applicant contends that his military records should be corrected to show his first and middle names as "Raul Eduardo." 

2.  The evidence of record shows that the applicant enlisted in the USAR, RA, and MAARNG using his first and middle names as "Ralph Edward."  His first and middle names are consistent with the names he used on several documents in his service records throughout his military service.  The applicant authenticated several documents by placing his signature in the appropriate block, indicating the first and middle names on each form were correct.  He did not use the requested names until he enlisted in the RA on 4 January 2007.

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 applicant’s first and middle names 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 first and middle names and adequately document his first and middle names in his record. 

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.



															XXX
      _______ _   _______   ___
               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)                                         AR20080014160





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ABCMR Record of Proceedings (cont)                                         AR20080014160



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