IN THE CASE OF:	 

		BOARD DATE:	30 April 2009  

		DOCKET NUMBER:  AR20090000136 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States), with the period ending 24 May 1955, to show his last name as Valadez, not Valedez. 

2.  The applicant states that the correct spelling of his last name on his DD Form 214 should be changed to Valadez so that his Department of Veterans Affairs (VA) paperwork can be processed.

3.  The applicant provides his DD Form 214 and a copy of his United States of America Passport, issued on 10 April 2004.

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 records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214, with the period ending 24 May 1955, a copy of his United States of America Passport, issued on 10 April 2004, and Headquarters, 4071st Service Unit Special Orders Number 120, dated 23 May 1955.

3.  The applicant's DD Form 214 shows:

	a.  that on 4 June 1952, he enlisted in the Regular Army for 3 years;

	b.  that his last name on the document shows Valedez;	

   c.  that  on 24 May 1955, he was honorably released from active duty after completing 2 years, 11 months and 21 days of creditable active duty service; and

	d.  that the last name of his signature on the document that he signed shows Valedez.

4.  Headquarters, 4071st Service Unit Special Orders Number 120, dated 23 May 1955, show show that the applicant was released from active duty on 25 May 1955 and transferred to the United States Army Reserve (USAR).  His last name on the orders show as Valedez.

5.  The applicant provides a copy of his United States of America Passport, issued on 10 April 2004.  The last name and signature on the document shows the last name as Valadez.

6.  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.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states 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 requests correction of his DD Form 214 to show his last name as Valadez.  He provided a United States Passport that shows his last name as Valadez.  However, the Passport alone is insufficient evidence to show that his last name of Valedez on his DD Form 214 should be corrected, and he has not shown that the Army's records are indeed wrong.

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in the available 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 available 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 documents he provided will be filed in his reconstructed records.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his available military records and to satisfy his desire to have his correct name documented in his military records.

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 the aforementioned requirement.

5.  In view of the above, the applicant’s request should be denied.

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)                                         AR20090000136





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000136



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1