IN THE CASE OF:
BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120007003
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 June 1964 to show his first name as Avilio instead of Abelio.
2. He states he recently found his birth certificate that shows his first name as spelled Avilio, not Abelio, that he had always used.
3. He provides a Department of Veterans Affairs (VA) Veterans Information printout. He also indicated he was providing a copy of his birth certificate; however, it was not received with his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. With prior enlisted active and inactive service in the Army National Guard, he was honorably discharged on 29 January 1961 and he enlisted in the Regular Army on 30 January 1961 for a period of 3 years.
3. All documents throughout his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), show his first name as Abelio.
4. He was honorably released from active duty on 29 January 1964 at the expiration of his term of service in the rank/grade of private first class (PFC)/E-3. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed
3 years of net active service this period for 3 years, 4 months, and 29 days of total active service.
5. He did not provide any documentation beyond his personal statement regarding the incorrect spelling of his first name.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he recently found his birth certificate that shows his first name spelled as Avilio; however, it was not received with his application.
2. All documents throughout his AMHRR show he enlisted and served under the first name of Abelio that he provided upon his entry into military service.
3. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to have his military records changed to reflect his first name he claims is correct, even if he had submitted a copy of his birth certificate showing his first name as Avilio, there would not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his AMHRR. This should serve to clarify any questions or confusion in regard to the difference in the first name in his military records and that which he now uses.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20120007003
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ABCMR Record of Proceedings (cont) AR20120007003
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