IN THE CASE OF:	  

		BOARD DATE:	    27 November 2012

		DOCKET NUMBER:  AR20120009271


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 last name as 
"V___-D___" instead of "D___-V___."

2.  The applicant states his last name is inverted on his DD Form 214.  He further states he noticed the error in April 2012.

3.  The applicant provides his DD Form 214, Commonwealth of Puerto Rico Certification of Birth and Certificate of Baptism (both forms printed in Spanish), and his social security card.

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 was inducted into the Army of the United States on 2 April 1959.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 47 (Record of Induction) shows his last name as "D___-V___."

3.  Item 1 (Name (Last, First, Middle Initial) and Service Number) of his DA Form 20 (Enlisted Qualification Record) and the name block of his DA Form 24 (Service Record) show his last name as "D___-V___."

4.  On 4 April 1961, he was honorably released from active duty and transferred to the U.S. Army Reserve.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his last name as "D___-V___."

5.  The documents contained within his DA Form 201 (Military Personnel Records Jacket) show his last name as "D___-V___."  The requested name does not appear on any documents in his MPRJ. 

6.  The applicant's Commonwealth of Puerto Rico Certification of Birth and Certificate of Baptism and his social security card show his last name as 
"V___-D___."

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was inducted under the name "D___-V___," and he used this name consistently throughout his period of active military service.  He did not use the requested name during his period of active 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.  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 that he now desires to record his correct name throughout his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  In the absence of convincing independent and verifiable evidence to the contrary, it is presumed his military service records including his DD Form 214 were correct at the time and there is insufficient evidence to grant relief in this case.

4.  The applicant is advised that a copy of this decisional document which confirms his current name will be filed in his official military records.  This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military records and to satisfy his desire to have his current name documented in his military 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 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)                                         AR20100016239



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ABCMR Record of Proceedings (cont)                                         AR20120009271



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