IN THE CASE OF:	

		BOARD DATE:	  26 March 2009

		DOCKET NUMBER:  AR20080016059 


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 the spelling of his first name on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 
8 April 1983 be changed to read Joselito instead of Jose.

2.  The applicant states his first name on his DD Form 214 is spelled incorrectly.

3.  The applicant provides, in support of his application, his birth certificate and his social security card.

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 enlisted in the Regular Army on 10 April 1980 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 31M (Radio Operator Specialist).

3.  In Item 2 (Name [Last - First - Middle]) of the applicant's DD Form 1966/1 (Application for Enlistment - Armed Forces of the United States) the applicant entered his first name as Jose.

4.  In Section X - Statement of Name for Official Military Records, item 48a of his 
DD Form 1966/8, the applicant indicated that his first name on his birth certificate was Joselito.  In item 48b the applicant indicated that he had not changed his name through any court or other legal procedure and that he preferred to use the first name Jose.  In item 48c he indicated that his social security account number reflected his first name as Joselito.  The applicant signed his DD Form 1966 using the first name Jose.

5.  The applicant's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) reflects his first name as Jose.  He signed his 
DD Form 4 using the first name Jose.

6.  Documents contained in the applicant's Official Military Personnel File (OMPF) identify the applicant with the first name of Jose.  The applicant signed his name with the first name of Jose on numerous documents requiring his signature in his MPRJ.

7.  On 8 April 1983, the applicant was released from active duty.  His first name in Item 1 (Name) of his DD Form 214 is recorded as Jose.  In item 32 (Signature of Person Being Transferred or Discharged), the applicant signed using the first name Jose.

8.  Both his birth certificate and his social security card submitted by the applicant show his first name as Joselito.

DISCUSSION AND CONCLUSIONS:

1.  At the time of the applicant's application for enlistment he indicated that he preferred to use the first name of Jose instead of Joselito.  He signed his application for enlistment and his enlistment contract using the first name Jose.  


All documents in the applicant's MPRJ identify him with the first name Jose.  Therefore, in the absence of evidence to the contrary the applicant's first name of Jose that is entered on his DD Form 214 is 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 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)                                         AR20080016059



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ABCMR Record of Proceedings (cont)                                         AR20080016059



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