IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110010419 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as "Rodolfo" instead of "Rudolph." 

2.  The applicant states the requested first name is the first name that is shown on his birth certificate. 

3.  The applicant provides:

* DD Form 214
* Certified abstract of birth issued on 7 September 1993
* Two State driver licenses

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.  In connection with his enlistment in Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History).  His first name was listed as "Rudolpho"; however, this first name is crossed out and the first name "Rudolph" was hand-written on top of it.  The applicant authenticated this form by placing his signature in the appropriate place using the first name "Rudolph." 

3.  He enlisted in the RA on 11 December 1974.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) also shows his first name as "Rudolph." 

4.  His DA Form 2-1 (Personnel Qualification Record) that was created upon his entrance into the Army shows the same first name as that shown on his enlistment document.  He reviewed this form at a later date and authenticated it by placing his signature in the appropriate block using the first name of "Rudolph."

5.  His records contain several official personnel documents including a Record of Emergency Data, Servicemen's Group Life Insurance, an application for a military identification card, assignment and reassignment orders, and various medical records that show his first name as "Rudolph."  He authenticated several of these forms using this name.

6.  He was honorably released from active duty on 23 December 1977.  Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 he was issued shows his first name as "Rudolph."  He also authenticated this form by placing his signature in item 34 (Signature of Person Being Transferred or Discharged) using this first name.

7.  He provided a copy of his birth certificate listing as well as two drivers licenses that listed his first name as "Rodolfo."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon enlistment in the Army, the applicant listed his first name as "Rudolph."  This first name is consistent with the first name that he used throughout his period of military service.  He authenticated the documents in his record indicating that his name was correct.  He did not use the first name of "Rodolfo" during his period of military service.

2.  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.  

3.  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 first name correctly in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

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)                                         AR20110010419





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ABCMR Record of Proceedings (cont)                                         AR20110010419



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