IN THE CASE OF:
BOARD DATE: 29 July 2010
DOCKET NUMBER: AR20100000380
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 his military records be corrected to show his first name as "Ricardo" vice "Emory Ricardo."
2. The applicant states he had his name legally changed and all of his records now show his first name as "Ricardo." He states he previously had a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with his name changed, but he lost it so he needs another.
3. The applicant provides a copy of his social security account number card, his New York State driver's license, and his 1982 court document legally changing his first name.
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. Records available to the Board indicate the applicant served on active duty as a Regular Army enlisted Soldier between May 1967 and July 1970. His enlistment document, all the records in his military service record, and his 1970 DD Form 214 show his first name as "Emory" and his middle name as "Ricardo." The applicant consistently authenticated documents throughout his military service record with the name "Emory R." or "Emory Ricardo."
3. In November 1982, the applicant's name was legally changed from "Emory Ricardo T____" to "Ricardo T____" by the County Court of Westchester County in White Plains, New York. The applicant's social security account number and state driver's license were subsequently changed to reflect his new name.
4. There is no indication in available records that the applicant was ever issued a new DD Form 214 under his current legal name. His records do, however, indicate that in 1978 a DD Form 215 (Correction to DD Form 214, Report of Separation from Active Duty) was issued to add several awards and decorations to his original DD Form 214 and to change the level of his civilian education shown on the DD Form 214.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It states that the DD Form 214 is a summary of a Soldier's most recent period of continuous service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered active service in May 1967 and served his entire period of active duty under the name "Emory Ricardo T____." In July 1970, he was separated under that same name. It was not until 1982, more than 10 years after his release from active duty, that his name was changed.
2. While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.
3. The Army has an interest in maintaining the accuracy of its records for historical purposes. The data 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, there is a reluctance to recommend that those records be changed.
4. A copy of this decisional document, along with his application and enclosures, will be filed in the applicant's official military personnel file. This should serve to clarify any questions or confusion regarding the different first names.
5. 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 this requirement.
6. 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) AR20100000380
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ABCMR Record of Proceedings (cont) AR20100000380
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