IN THE CASE OF:
BOARD DATE: 17 August 2010
DOCKET NUMBER: AR20100008621
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 name be changed from L______ Perez to M_____ R____ Perez.
2. The applicant states his name is actually M______ R____ Perez. His name was changed by a court order, dated 24 June 1952 in San Juan, Puerto Rico.
3. The applicant provides the following documents in support of his application:
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* Court document (Resolution from the Judicial District Court of San Juan, Puerto Rico) in Spanish
* Court document (Resolution from the Judicial District Court of San Juan, Puerto Rico) translated into English
* Honorable Discharge Certificate
* Final Payment Worksheet
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records are not available to the Board. This case is being considered using the documents provided by the applicant.
3. The applicants WD AGO Form 53-55 shows he was inducted into the Army of the United States on 10 November 1944 and he was discharged on 6 April 1946.
4. His WD AGO Form 53-55 and Honorable Discharge Certificate show his first and last name as L______ Perez.
5. His Final Payment Worksheet also shows his first and last name as L______ Perez.
6. The applicant provided a resolution, dated 24 June 1952, from the Judicial District Court of San Juan Puerto Rico. This document indicates the following:
* Midwife inscribed the applicant with the name of L_______ at the time of his birth
* He has always been recognized as M____ by family members and neighbors
* He signed up for Elective Service and he did so with the name that appeared on his birth certificate
* His name was changed from L______ R____ Perez to M_____ R____ Perez
7. Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number) prescribed the procedures for the recording of names and the changing of record of name and/or birth data. Paragraph 2-3 stated that the request for change of the record must originate with the individual. The authority to approve the change of record was delegated to the immediate commanding officer or other official so designated by him.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should actually 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.
2. The applicants court document shows his name was changed from L______ Perez to M_____ R____ Perez on 24 June 1952, subsequent to his separation date.
3. Although the applicant appears to be currently using the name shown on his court order, M_____ R____ Perez, he used the name L______ Perez while on active duty. While the applicant's desire to have the records changed is understood, there is no basis for compromising the integrity of the Army's records. This Board action will be filed in his military records; therefore, the name he is currently using will be on hand.
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) AR20100008621
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ABCMR Record of Proceedings (cont) AR20100008621
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