BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100024639 


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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 August 1970 to show his middle name as "M" instead of "Maria." 

2.  The applicant states that he was misled by the county service representative as to the information needed to correct his middle name when he submitted his previous request.  Now that he knows what the Board wants to correct his middle name, he has enclosed all supporting documents that clarify the confusion between the two middle names.  The name he now uses was not his legal name at the time.  In his culture, the middle name of a saint (for religious purposes) is used and this tradition has been carried over for generations.  However, after 11 September 2001, the rules have changed and the proper and legal name must be recorded.

3.  The applicant provides a CD that contains 48 documents (service record) consisting of enlistment documents, certificates of training, reassignment orders, promotion orders, travel vouchers, award orders, letters, diplomas, birth certificate, and other correspondence.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090007626 on 22 September 2009.

2.  The applicant has provided a CD that contains 48 documents, some of which were not specifically addressed in the previous case; therefore, the CD is considered new evidence and as such, warrants consideration by the Board.

3.  The applicant's records show he enlisted in the Regular Army (RA) on 5 August 1966.  Item 1 (Last name, First Name, Middle name), of his DD Form 4 (Enlistment Record - Armed Forces of the United States) listed his middle name as "Maria."  He authenticated this form by placing his signature in the appropriate blocs using the middle name "Maria." 

4.  In connection with this enlistment, he also completed an Armed Forces Security Questionnaire and listed his middle name as "Maria."  He authenticated this form by placing his signature in the appropriate blocs using the middle name "Maria." 

5.  His DA Form 20, which was created upon his entry on active duty, listed his middle initial "M." 

6.  On 15 August 1966, he completed a DD Form 398 (Statement of Personal History).  He listed his middle name as "Maria" and authenticated this form by placing his signature in the appropriate block using the middle initial "M." 

7.  Also on 15 August 1966, he was issued a DA Form 2545 (Cryptographic Access Authorization Briefing Certificate) that listed his middle name as "Maria." 

8.  On 25 October 1966, he was issued a DA Form 873 (Certificate of Clearance and/or Security Determination) that listed his middle name as "Maria." 

9.  His service record contains, and he provided, various certificates of training, reassignment orders, promotion orders, travel vouchers, award orders, letters, diplomas, and other correspondence, that listed his middle name or his middle initial.  

10.  On 24 July 1970, he was issued a DA Form 2962 (Security Termination and Debriefing Certificate) that also listed his middle name as "Maria." 

11.  He was honorably released from active duty on 4 August 1970 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his middle name as "Maria."  The applicant authenticated this form by placing his signature in Item 32 (Signature of Person Being Transferred or Discharged) using his first name, middle initial "M," and his last name

12.  He previously provided an Atascosa County District Court Order to Change the Name of an Adult, dated 21 April 2009 that indicates his middle name has been legally changed to "M."

13.  He now provides within the CD that contains 48 documents:

* Birth certificate, issued by the city of Laredo, TX, on 22 October 2004, that shows his middle name as "Maria"
* Birth certificate, issued by the State of TX, on 23 November 2004, that also listed his middle name as "Maria"
* Birth certificate, issued by the State of TX, on 12 may 2009, that also listed his middle name as "Maria"

14.  Army Regulation 635-5 (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.  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 DD Form 214 should be corrected to show his middle name as "M" instead of "Maria." 

2.  The evidence of record shows, upon his enlistment in the RA on 5 August 1966, the applicant listed his middle name as "Maria."  This middle name is consistent with the middle name used throughout his entire military service.  He authenticated several documents by placing his full signature in the appropriate block, indicating that his middle name on each form was correct.

3.  Although the middle initial "M" was used on several certificates of training, reassignment orders, promotion orders, travel vouchers, award orders, letters, diplomas, birth certificate, and other correspondence, it was listed as such because these documents did not necessarily require listing the complete middle name.  His DD Form 214 on the other hand requires the listing of the complete middle name.  It correctly listed his middle name as "Maria." 

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 middle name under which he primarily served.  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, this Board is reluctant to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct middle name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records.

5.  As the applicant was previously advised, a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct middle 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 middle name recorded in his military record and to satisfy his desire to have his correct middle 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 to amend the decision of the ABCMR set forth in Docket Number AR20090007626, dated 22 September 2009.



      _______ _  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)                                         AR20100024639



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ABCMR Record of Proceedings (cont)                                         AR20100024639



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