IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100019096
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 first name as "Ricky."
2. He states all of his personal effects are in his new name and he wants his new name shown on his DD Form 214.
3. He provides copies of his DD Form 214 and a Decree Changing Name filed on 7 September 1999.
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 1 May 1979. He was discharged with an honorable characterization of service on 24 March 1987.
3. A thorough review of every document contained in his available military personnel and medical records, many of which bear his signature, shows his first name consistently appears as "Cruz."
4. Item 1 (Name (Last, First, Middle)) of his DD Form 214 shows his first name as "Cruz."
5. He provides a copy of his Decree Changing Name from the San Bernardino County Superior Court which shows his first name was changed to "Ricky" on 7 September 1999.
6. Army Regulation 635-5 (Separation Documents) 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show his first name as "Ricky."
2. The evidence of record shows his first name consistently appeared as "Cruz" on every document in his available service personnel record throughout his service.
3. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. The fact that he changed his first name to "Ricky" in September 1999 is duly noted and copies of the decree will be added to his record along with a copy of these proceedings. However, this does not change the conditions and circumstances that existed at the time his service records were created.
5. In view of the above, the applicant's request should be denied.
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 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) AR20100019096
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ABCMR Record of Proceedings (cont) AR20100019096
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