BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20090018876 


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 reflect the name on his birth certificate.

2.  The applicant states the name on his DD Form 214 differs from his correct name as it is listed on his birth certificate.

3.  The applicant provides a copy of 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 record shows he enlisted in the Regular Army on 21 July 1972.  A DD Form 4 (Enlistment Contract - Armed Forces of the United States) prepared during his enlistment processing shows the name "J---s C-----s, which he now claims is incorrect.  He authenticated this document with his signature using the name he now states is incorrect on the date of his enlistment and entry on active duty.

3.  The DA Form 20 (Enlisted Qualification Record) prepared on the applicant upon his entry onto active duty lists the name contained on his DD Form 4 in item 1 (Name and Service Number) and his social security account number.  The applicant authenticated this record with his signature in item 47 (Signature of Individual) using the same name entered in item 1, which he states is incorrect.

4.  All the official documents and orders contained in the applicant’s Official Military Personnel File (OMPF) list the same name as is recorded on his DD Form 4 and on his DA Form 20.

5.  On 19 June 1973, the applicant was discharged from active duty for disability in the rank/grade of private (PV2)/E-2 after completing 1 year, 1 month, and 29 days of active military service.  The DD Form 214 he was issued at the time lists the name as it is recorded on his enlistment record, his DA Form 20, and in all other documents on file in his OMPF.

6.  The applicant provides a copy of his Commmonwealth of Puerto Rico Certification of Birth issued on 21 August 2009 and a copy of his social security card.  These documents reflect his name as "J---s R---n-C-----s," which he claims is his correct name.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  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.  The regulation also establishes standardized policy for the preparation of the DD Form 214 and contains preparation instructions in chapter 2.  The instructions for completing item 1 state to enter the name as it is recorded in the military record.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have his DD Form 214 changed to reflect the name recorded on his certification of birth and social security card was carefully considered.  However, while the validity of the name he claims is correct is not in question, the record shows he entered, served, and was discharged under the name listed on his DD Form 4, DA Form 20, and all documents on file in his OMPF.  Absent any evidence to confirm he attempted to correct or change his name while he was still serving on active duty, it is presumed he voluntarily chose to serve using the name recorded in his military records.

2.  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.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.  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.

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)                                         AR20090018876



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ABCMR Record of Proceedings (cont)                                         AR20090018876



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