BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100021847 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his legal name.

2.  The applicant states his name is Al---ro E. Sir---a Pr---to and that all his military records should be corrected to reflect his legal name because of immigration requirements.  He states his mother used the name "Edi---n Sir---a" when she enrolled him in school.  When he joined the U.S. Army, he used his school name, but he also told the U.S. Army representative his real name was
"Al---ro Edi--n. Sir---a Pr---to." 

3.  The applicant provides the following evidentiary documents:

* Department of Homeland Security, Citizenship and Immigration Services Form I-797 (Notice of Action), dated 26 July 2010
* Republic of Colombia, Registration of Name, dated 19 April 2010
* Social Security Card, dated 9 June 2010
* Florida Identification Card issued on 7 January 2010
* United States of America Permanent Resident Card 

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 name as shown on his DD Form 1966/2 (Application for Enlistment – Armed Forces of the United States), item 23 (NAME AS SHOWN ON BIRTH CERTIFICATE) is "Al---ro Edi--n Sir---a Pr---to."  This same form shows his preferred enlistment name in item 1 (NAME) as "Edi---n Sie---a."  

3.  The applicant enlisted in the U.S. Army Reserve (USAR) on 15 February 1977.  The DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows his name in item 1 (Name) as "Edi---n Sie---a."  In item 17 (Name of Applicant) of this same form, it shows "Edi---n Sie---a" and in item 18 (Signature) he signed his name as "Edi---n Sie---a."  

4.  On 21 March 1977, he was discharged from the Reserve component and immediately enlisted in the Regular Army on 22 March 1977.  The accompanying DD Form 4c (Enlistment or Reenlistment Agreement) shows in item 36 (Confirmation of Enlistment) that he swore his name was "Edi---n Sie---a" and item 37 (Signature of Enlistee) shows he signed his name as "Edi---n Sie---a." 

5.  On 21 March 1980, the applicant was released from active duty upon the completion of his required active service and transferred to the USAR Control Group (Reinforcement).  He was issued a DD Form 214 that shows in item 1 (Name (Last, first, middle)) the entry "Edi---n Sie---a."

6.  The applicant provided a Department of Homeland Security, Citizenship and Immigration Services Form I-797 (Notice of Action), dated 26 July 2010, that shows his name as "Al---ro Edi--n. Sir---a Pr---to."  The second document is from the Republic of Colombia and shows the applicant's name as "Al---ro Edi--n. Sir---a Pr---to."  Additionally, he provided three forms of United States identification that show his name as "Al---ro Edi--n. Sir---a Pr---to."

7.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) allows for an applicant entering the U.S. Army to use a preferred enlistment name.  A preferred enlistment name is neither the name shown on an applicant's birth certificate nor a name changed by a legal procedure in accordance with state law, but the name an applicant prefers to be used upon his enlistment.
8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states, in pertinent part, that 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 contends that his name on his DD Form 214 and military records should be changed to "Al---ro Edi--n. Sir---a Pr---to."  When he applied for enlistment, he used a preferred enlistment name of "Edi---n Sie---a" and he continued to use this name throughout his military career.  Therefore, there is no legal or regulatory justification that would warrant changing his name on his military records for his birth name is properly documented and recorded.

2.  To clarify any questions or confusion in regards to the use of his preferred enlistment name, the applicant's use of his DD Form 1966 should suffice to verify his military service along with his DD Form 214. 

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)                                         AR20100021847





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ABCMR Record of Proceedings (cont)                                         AR20100021847



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