BOARD DATE:  10 November 2011

		DOCKET NUMBER:  AR20110009943 


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 the name and the date he entered active duty shown on his DD Form 214 (Report of Separation or Discharge).

2.  The applicant states he does not have a middle name.  He has had to endure ongoing disputes concerning a job application, social security card, and driver's license renewal.  He wants to resolve this matter once and for all.
 
3.  The applicant provides a copy of his DD Form 214 and a document written in Spanish identifying information about him and his family.

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 enlisted in the Regular Army on 15 July 1970.  He completed training and was awarded military occupational specialty 21T (Sergeant Missile Test Equipment Repairman).  He reenlisted on 17 July 1972.  A DD Form 214 for the period 15 July 1970 to 16 July 1972 is not available.

3.  The DD Forms 4 (Enlistment Contract – Armed Forces of the United States) for his enlistment and reenlistment show the middle name "Gomez."  He signed both forms.

4.  A review of his military records shows he used this middle name or the middle initial "G" during his entire period of service.

5.  On 14 July 1978, the applicant was honorably discharged in the rank of staff sergeant/E-6.  He completed 5 years, 11 months, and 28 days of creditable active service during the period covered by this DD Form 214, and 2 years and    2 days of prior active service, for a period of 8 years of total active service.  His middle name is recorded as "Gomez" on his DD Form 214 and he signed this form.

6.  The applicant provides a copy of document written in Spanish that does not show he has a middle name.  This document does, however, indicate his mother's surname as "Gomez."

7.  Spanish naming customs denote the personal appellation practiced in Spain consisting of a given name (simple or composite) followed by two family names (surnames).  The first surname was traditionally the father's first surname and the second surname was traditionally the mother's first surname.  This order may now be reversed.  In most situations, the practice is to use one given name and the first surname only, the full name being used in legal, formal, and documentary matters.

8.  Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be changed to show he does not have a middle name.  He further contends he entered active duty on 14 July 1970, not 17 July 1972, as listed on his DD Form 214.

2.  The evidence of record clearly shows the applicant enlisted, reenlisted, served, and was discharged using the middle name of "Gomez" or middle initial of "G."  He signed his enlistment contracts and DD Form 214 which show his middle name as "Gomez."

3.  The DD Form 214 shows the record of his most recent period of active duty.  This period started on 17 July 1972.  The date entered on the DD Form 214 is correct.  The evidence of record shows he initially entered active duty on 15 July 1970.  Although his DD Form 214 for his first period of service is not available, that period of time is captured in the prior active service portion of his 1978      DD Form 214.

4.  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.

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)                                         AR20110005105



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ABCMR Record of Proceedings (cont)                                         AR20110009943



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