IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110009293
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 that his last name be corrected to match his birth certificate.
2. The applicant states, in effect, that the Army has been inconsistent in the order of his name and has used his father's surname, not the name on the birth certificate. He would like to have his records corrected to show his name as it is shown on his birth certificate.
3. The applicant provides a copy of a 2010 Puerto Rico Birth Certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant's available records are incomplete and do not clearly identify his periods of enlistment, change in components, and retirement.
2. It appears that the applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program on 1 June 1977. He served on active duty in the Regular Army from 22 September 1977 through 29 September 1992, in the inactive USAR from 30 September 1992 through 8 July 1993 when he enlisted in the Alabama Army National Guard, and retired effective 1 December 2009.
3. The applicant's last name is shown in a variety of different ways on the various official documents, to include:
* Jose V___
* Jose G____
* Jose G____V____ [all one word],
* Jose G____ V____ [two words],
* Jose V___-G____ [hyphenated],
* G____ J. V____
* Jose G. V___.
4. The record contains five DD Forms 214 (Certificate of Release or Discharge from Active Duty); four of these forms show the applicant as Jose G____ V____. The 29 September 1992 DD Form 214 shows his name as G____ Jose V____ with a 1993 DD Form 215 (Correction of the DD Form 214) showing Jose V___G____ [single word].
5. On the documents which include a signature, the applicant's name is signed as Jose V____ G____.
6. The birth certificate issued 7 December 2010 by the Puerto Rico Department of Health uses the name Jose V____ G____.
7. The standard practice for most American names does not normally utilize a mother's last name and uses a father's last name (surname) as the child's last name. Under the Puerto Rico cultural and legal system both a father's and mother's name is used for a child with the mother's name being listed last.
DISCUSSION AND CONCLUSIONS:
1. The inconsistent use order of the applicant's name may create a number of administrative problems and could raise significant questions for the applicant in the future. Therefore, it is appropriate to correct the applicant's records to show only one name.
2. The applicant's birth certificate shows his legal name as Jose V____ G____ and this is also the manner in which the applicant signed the majority of his official documents. Therefore, it is appropriate to show the applicant's name as Jose V___ G____.
3. Based on the above correction, the 1993 DD Form 215 incorrectly shows the applicant's name as a merged name. It is appropriate to void this correction and issue a new DD Form 215 showing the applicant's name as Jose V____ G____.
4. While it is appropriate to correct the applicant's name, it is impractical to change each and every individual document in his record. Therefore, the correction of the applicant's name would best be accomplished by issuing a DD Form 1343 (Notification of Change in Service Member's Official Records).
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing the applicant's correct name is as listed on his 2010 birth certificate, Jose V___ G____;
b. deleting the 1993 DD Form 215;
c. issuing a revised DD Form 215 correcting the 29 September 1992 DD Form 214 to show his name as Jose V___ G____; and
d. issuing a DD Form 1343 to document the correction of his name in his official records.
_______ _ __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) AR20110009293
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ABCMR Record of Proceedings (cont) AR20110009293
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