IN THE CASE OF:
BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120007449
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 his records be corrected to show his first name as Carlos and that he was born in October.
2. The applicant states his first name is Carlos and that he was born in October not August.
3. The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge), a birth certificate, and a Social Security Administration letter.
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. The applicant was inducted, under the name Charles R____, on 15 August 1968, completed training, and was awarded the military occupational specialty 11B (Light Weapons Infantryman).
3. He was honorably released from active duty on 14 August 1970. His DD Form 214 shows the name Charles R____ and a birth month of August.
4. All documents in the official military record show the name Charles R____ and, with the exception of the DD Form 214, a birth month of October.
5. The birth certificate provided shows the name of Carlos R____. The parentage information on the certificate is consistent with information provided on the applicant's induction documents.
6. The SSA letter shows a name of Carlos R____. The Social Security Number shown is the same as recorded in the military records for Charles R____.
7. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The evidence in the service record shows the applicant was born in October, not August. Therefore, it is appropriate to correct his DD Form 214 to show his birth month as "October."
2. The applicant was inducted, served under, and released from active duty under the name Charles R____. While it is probable that Charles and Carlos are one-and-the-same, the applicant has provided no explanation as to why the name Charles was used in lieu of Carlos during his period of service.
3. 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, the Board is reluctant to recommend that those records be changed. There is insufficient evidence or compelling reason for compromising the integrity of the Armys records at this late date.
4. While it is understandable the applicant desires to correct his military records to show his first name as reflected on his birth certificate, he has not provided a sufficiently compelling reason for compromising the integrity of the Armys records.
5. While it is not appropriate to correct the DD Form 214, a copy of this Record of Proceedings will be filed in the Army Military Human Resources Record (formerly known as the Official Military Personnel File) so a record of the two first names will be available for future reference.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his birth month as "October."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his first 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) AR20120007449
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