IN THE CASE OF:	  

		BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100000153 


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 (Certificate of Release or Discharge from Active Duty) to show his correct middle name.

2.  The applicant states that his middle name is spelled as Martinez.  It was incorrectly entered on his DD Form 214.

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

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.  DD Form 4 (Enlistment/Reenlistment Document) dated 26 September 1985 shows that he applicant enlisted in the U.S. Army Reserve using the middle name of Marthinez.

3.  Item 33 and 34 (Date Prepared and Signature) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) dated 29 May 1986 shows his signature using a middle name of Marthinez.

4.  His DD Form 214, ending on 9 October 1986, shows that the applicant completed his initial training.  His middle name on the document is Marthinez.

5.  His DA Form 2A (Personnel Qualification Record) prepared on 15 September 1990 shows the applicant's middle name as Marthinez.

6.  His DD Form 214, ending on 11 October 1990, shows the applicant's middle name as Marthinez.  He signed this form using only his middle initial.

7.  SGLV Form 8286 (Servicemen's Group Life Insurance Election and Certificate), dated 17 November 1990, shows the applicant's middle name as Mathinez.  His signature on this form shows a middle name of Marthinez.

8.  His DD Form 4 dated 13 November 1991 shows that the applicant enlisted in the Army National Guard using the middle name of Marthinez.

9.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) effective 6 July 1992 shows the applicant's middle name as Marthinez.  He was not available to sign this form.

10.  The applicant has provided a copy of a document from the Clark County Health District, Las Vegas, Nevada, showing his middle name as Martinez.  He also has provided a copy of a social security card showing his middle name as Martinez.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his middle name as Martinez.

2.  The evidence of record clearly shows that the applicant served in the USAR using the name currently recorded in his military records.  There is no evidence presented that shows 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 fact that he now desires a change to that name for personal reasons is not a sufficiently mitigating factor that warrants granting relief.

3.  For historical purposes the Army has an interest in maintaining the accuracy of its records.  The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.

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 foregoing, there is no basis for granting the applicant's request.

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)                                         AR20100000153





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ABCMR Record of Proceedings (cont)                                         AR20100000153



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