BOARD DATE:	 2 September 2010 

		DOCKET NUMBER:  AR20100007811 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect a last name of “Villalovos.”

2.  The applicant states that his grandmother raised him and had him use his mother’s maiden name of “N----n” because she was embarrassed that he was Mexican.  He goes on to state that years ago he changed all of his identification to reflect a last name of “Villalovos” and he desires to have his DD Form 214 reflect his real last name. 

3.  The applicant provides a copy of his birth certificate and a copy of his DD Form 214.

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 volunteered for induction in Seattle, Washington on 7 March 1968.  At the time of induction he indicated that his real last name was “Villalovos,” but since he started school, he had been going under his mother’s maiden name of “N----n” and all papers such as drivers license, draft card, social security card, etc have been recorded under the name of “N----n.”  Accordingly, he was inducted under the name of “N----n.”

3.  He completed all of his training at Fort Lewis, Washington and was transferred to Vietnam on 3 August 1968 for assignment to the 1st Cavalry Division as an infantry indirect fire crewman.  He was promoted to the rank of sergeant on 6 July 1969 and departed Vietnam on 31 July 1969 for assignment to Fort Lewis, Washington, where he remained until he was honorably released from active duty (REFRAD) on 6 March 1970 due to the expiration of his term of service (ETS).  He had served 2 years of total active service and his DD Form 214 shows that he was REFRAD in the last name of “N----n.”

4.  A review of his records shows that he served all of his service and signed his last name as “N----n”.

5.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is in effect at the time of separation.  The DD Form 214 will not be corrected to reflect data or events that occur subsequent to the date the DD Form 214 was prepared.  In other words, the DD Form 214 is a snapshot in time to reflect information that was in effect at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the last name shown in his DD Form 214 should be changed from “N----n” to “Villalovos.”  However, contrary to the applicant's contention, the fact that the name shown in his military records is different than his current name does not constitute an error.

2.  It is understood that the applicant desires to have the name recorded in his military records changed to his current legal name.  However, there is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice.

3.  The evidence of record shows the applicant enlisted, served, and was honorably released from active duty under the last name of “N----n” and he did so knowingly and voluntarily.  The fact that he has subsequently decided to now change his name or assume his original identity is not a sufficiently mitigating factor that warrants granting the requested relief.

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 integrity 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.  While it is understandable the applicant desires to now record his current 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 or confusion 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 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)                                         AR20100007811



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100007811