IN THE CASE OF:	  

		BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100021890 


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 military records to show his first name as "Ramon."

2.  He states, in effect, he was not asked to provide a birth certificate at the time of his enlistment and he was allowed to enlist based upon a letter of recommendation from a doctor who confirmed his abilities as an electrocardiograph (EKG) technician.  He states he enlisted using the first name "James."  He concludes that he needs his military records corrected because his spouse's bipolar disorder and speech impediment make it difficult for her to complete paperwork in the event something were to happen to him.

3.  The applicant provides:

* a Petition for Change of Name
* a letter from an attorney
* his birth certificate
* a DD Form 4 (Enlistment Contract - Armed Forces of the United States)
* a DA Form 428 (Application for Identification 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 record shows he enlisted in the U.S. Army Reserve (USAR) on 17 March 1976 and he served through a series of reenlistments.  He was honorably retired on 21 March 1994 by reason of attaining maximum age.

3.  A thorough review of every document contained in his available military personnel and medical records, many of which bear his signature, shows that his first name consistently appears as "James."

4.  He provides a copy of his Certification of Birth issued by the Commonwealth of Puerto Rico Department of Health on 25 October 1990 which shows his first name as "Ramon."

5.  He provides a copy of a Petition for Change of Name he filed with the Civil Court of the City of New York, County of Kings, on 28 March 2000.  This petition shows he stated his name is "Ramon A---- V---- (a/k/a [also known as]
James A----) and requested to assume the name "Ramon A----."  He further stated the grounds of this application were as follows:

* while he was growing up he was called "James" and he became known as "James A----"
* his official documents were under the name "James"
* he now wishes to use the name given to him at birth, "Ramon"
* some agencies have accepted his name as "Ramon A----" while others have not

6.  He provides a letter rendered by a staff attorney for Legal Services Plan, Teamsters Local 234 Welfare Fund, New York, NY, dated 8 December 2000.  This letter indicates his petition to change his name was approved and a certified order was issued to officially change his name to "Ramon A----."  He was advised to take the order to Vital Records to have his birth certificate changed accordingly.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military records should be corrected to change his first name from "James" to "Ramon" was carefully considered and determined to lack merit.

2.  The evidence of record shows his first name consistently appeared as "James" on every document in his available service personnel and medical records throughout his period of military service.  He authenticated several of these documents requiring his signature by placing his signature in the appropriate blocks as "James A----."

3.  By his own admission, he grew up using the first name of "James" and all of his official documents showed his name as "James" until March 2000, when he decided he wanted to begin going by the name given to him at birth.

4.  For historical purposes, the Army has an interest in maintaining the accuracy 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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct 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 correct 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 record and to satisfy his desire to have his correct name documented in his OMPF.

6.  The applicant and all others should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20100021890



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ABCMR Record of Proceedings (cont)                                         AR20100021890



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