BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090019007 


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 reconsideration that his records be corrected to reflect a last name of “VALADEZ” instead of “VALEDEZ”. 

2.  The applicant states that his last name is incorrectly spelled in his military records.  He contends this correction is needed to process his Department of Veterans Affairs (VA) paperwork. 

3.  The applicant provides a copy of his birth certificate, a copy of a United States of America Passport and a copy of a National Archives (NA) Form 13038 (Certification of Military Service).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090000136, on 1 May 2009.

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.  A reconstructed record is being used which consists of his DD Form 214  with the period ending 24 May 1955, a copy of United States of America Passport, issued on 10 April 2004, NA Form 13038, and a copy of an amended certificate of birth. 
3.  On 11 December 2008, the applicant applied to the ABCMR to correct the spelling of his last name.  At that time he provided a copy of his DD Form 214 and a copy of his United States of America Passport.  On 1 May 2009, the board denied the request based on insufficient evidence to show that an error or injustice occurred on the part of the Army.  The applicant has provided a standard certificate of birth which will be considered new evidence.

4.  His DD Form 214 shows that on 4 June 1952, he enlisted in the Regular Army for a period of three years.  On 24 May 1955, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He had served 2 years, 11 months and 21 days of creditable active duty service.  His DD Form 214 issued at the time of his REFRAD shows his last name spelled as “VALEDEZ” and he signed the DD Form 214 with that spelling.  

5.  A review of the documents available in the applicant’s records show that his last name was spelled “VALEDEZ” throughout his service and that he signed those documents spelled the same way.  

6.  The birth certificate he submits is an amended Certificate of Birth dated, 9 October 2009 which changes the spelling of his last name from “VALEDEZ” to “VALADEZ”.

7.  Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of the DD Form 214.  This regulation has historically stated that item 1 (Last Name, First Name, and Middle Name) of the DD Form 214 will contain the name taken from the Soldier’s personnel record.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant‘s contention that his last name shown in his military records should be changed from “VALEDEZ” to “VALADEZ” was carefully considered but was not supported by the evidence.

2.  The last name shown on his DD Form 214 and other available service documents show that he spelled his last name “VALEDEZ” and served his entire military career with his last name spelled that way.  It also appears that his signature reflected the same spelling.  

3.  Although the applicant has provided an amended copy of his birth certificate showing his last name spelled as “VALADEZ”, he has provided no explanation as to why he spelled his last name differently when he enlisted.

4.  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.  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 that the applicant desires to now record his current last 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. 

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

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 to amend the decision of the ABCMR set forth in 
Docket Number AR20090000136, dated 1 May 2009.



      _______ _   ___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.e


ABCMR Record of Proceedings (cont)                                         AR20090019007





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ABCMR Record of Proceedings (cont)                                         AR20090019007



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