BOARD DATE:	22 March 2012  

		DOCKET NUMBER:  AR20110019546 


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 (Certificate of Release or Discharge from Active Duty) to show his first name as Juan instead of Johnny.

2.  The applicant states he did not know his nickname Johnny was entered as his first name at the time of his initial enlistment instead of his given first name of Juan.

3.  The applicant provides his:

* Social Security card
* Texas commercial driver's license
* State of Texas Certification of Birth
* Department of Veterans Affairs identification card
* expired Armed Forces of the United States Reserve Components of the U.S. Army identification card
* DD Form 214

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.  His Military Personnel Records Jacket (MPRJ) contains a DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 22 June 1982.

	a.  Section V (Certifications) indicates his name was verified using his birth certificate.

	b.  Section X(Statement of Name for Official Military Records) indicates his preferred enlistment name is not the same as on his birth certificate.  He stated his first name on his birth certificate was Juan.  He then indicated he preferred to use Johnny as his first name.  He also indicated his Social Security account number reflected his first name as Johnny.  He signed this section on 22 June 1982.

3.  On 8 July 1982, he enlisted in the U.S. Army Reserve Delayed Entry/
Enlistment Program (DEP) and he was discharged for the purpose of immediate enlistment in the Regular Army on 15 September 1982.  His DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows his first name as Johnny.  Upon enlistment in the Regular Army, the form shows he continued to use the first name Johnny.

4.  On 8 August 1985, he immediately reenlisted in the U.S. Army.  His DD Form 4 shows his first name as Johnny.

5.  On 29 May 1992, he was discharged.  His DD Form 214 shows his first name as Johnny.

6.  All documents throughout his MPRJ show his first name as Johnny.  Anywhere his signature was required, he signed his name using the first name Johnny.

7.  He submits his birth certificate that shows his first name as Juan.

8.  All of the other documents he submits show he is currently using the first name Juan.


DISCUSSION AND CONCLUSIONS:

1.  He contends he was unaware his nickname of Johnny was entered on his enlistment documents.  However, he signed Section X of his DD Form 1966 indicating he specifically preferred to use the first name Johnny to enlist in the U.S. Army.  He also acknowledged his legal first name, as shown on his birth certificate, was Juan.

2.  His military records show his first name as Johnny because that was the first name he preferred to use at the time of his initial enlistment in the DEP, enlistment in the Regular Army, and reenlistment in the Regular Army almost 3 years later.

3.  Based on the documents he submitted, it appears he is now using the first name Juan as it appears on his birth certificate.  While the applicant's desire to have his military records changed is understood, there is no basis for compromising the integrity of the Army's records well over 20 years after his discharge.

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 first 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 which confirms his legal first 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 first name recorded in his military record and to satisfy his desire to have his correct first 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 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)                                         AR20110019546



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ABCMR Record of Proceedings (cont)                                         AR20110019546



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