IN THE CASE OF:	

		BOARD DATE:	24 September 2009    

		DOCKET NUMBER:  AR20090007156 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as "Ricardo" instead of "Recardo."

2.  The applicant states that the spelling of his first name is incorrect. 

3.  The applicant provides a copy of his DD Form 214, dated 11 January 1992, and a copy of his birth certificate, dated (issued) 25 January 2007), 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’s records show he enlisted in the Regular Army (RA) for a period of 4 years in the rank/grade of private/E-2 on 11 August 1986.  Item 1 (Name) of his DD Form 4 (Enlistment Record) listed his first name as "Recardo."  The applicant authenticated this form by placing is signature in the appropriate blocks using his first name as "Recardo."

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record) that was created upon the applicant's entrance into the Army shows his first name as "Recardo."  The DA Form 2-1 was reviewed by the applicant at a later date and authenticated this form by placing his signature in Item 34 (Signature) using his first name as "Recardo." 

4. The applicant’s records also show he was issued a security clearance on 16 September 1987.  The DA Form 873 (Certificate of Clearance and/or security Determination) listed his first name as "Recardo." 

5.  The applicant’s records further show he executed a 2-year reenlistment in the RA on 12 January 1990.  Item 1 of his DD Form 4 listed his first name as "Recardo."  The applicant again authenticated this form by placing is signature in the appropriate blocks using his first name as "Recardo."  Furthermore, in connection with this reenlistment, the applicant completed a DD Form 2366 (Montgomery GI Bill).  This form also listed his first name as "Recardo" and he authenticated it by placing his signature in the appropriate block using his first name as "Recardo." 

6.  The applicant’s records contain several personnel documents including a record of emergency data, a record of servicemen’s group life insurance, an application for a military ID, and various other orders that show his first name as "Recardo." 

7.  On 11 January 1992, the applicant was honorably discharged by reason of expiration of his term of service.  Item 1 (Name) of the DD Form 214 he was issued shows his first name as "Recardo."  He authenticated this name by placing his signature in item 21 (Signature of Member Being Separated) using his first name "Recardo." 

8.  The applicant provided a copy of his birth certificate that shows his first name as “Ricardo.” 

9.  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.

10.  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 DD Form 214 should be corrected to show his correct first name.

2.  The evidence of record shows that upon his enlistment in the RA on 11 August 1986, the applicant listed his first name as "Recordo."  This first name is consistent with the first name on several documents in his service record throughout his entire military service.  The applicant authenticated several documents by placing his full signature in the appropriate block, indicating that his name was correct.  He did not use the first name “Ricardo” during his military service.

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 firs name in this case.  

4.  A copy of this decisional document, along with the applicant’s application will be filed in his OMPF.  This should serve to clarify any questions or confusion regarding the different first names, and adequately document his correct first name 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.




      _______ _   __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)                                         AR20090007156





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ABCMR Record of Proceedings (cont)                                         AR20090007156



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