IN THE CASE OF:	  

		BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120011596 


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 "Jose" instead of "Joe." 

2.  The applicant states his DD Form 214 incorrectly lists his first name.

3.  The applicant provides a certificate of birth and an Honorable Discharge Certificate.

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 record contains a DD Form 4 (Enlistment Record – Armed Forces of the United States) that shows he enlisted in the Regular Army (RA) on 9 October 1964 for a period of 3 years.  This form lists his first name as "Jose."  He authenticated this form by placing his signature in the appropriate block using this first name. 

3.  In connection with his enlistment in the RA, he also completed a DD Form 398 (Statement of Personal History) on 20 April 1965 and listed his first name as "Jose."  He authenticated this form by placing his signature in the appropriate block using this first name.  

4.  Multiple documents in his service personnel record list his first name as "Jose."  He authenticated some of these documents, as required, by placing his signature in the appropriate block:

* DA Form 20 (Enlisted Qualification Record), prepared on 3 January 1967
* Award, reassignment, and promotion orders
* Report of Medical History
* Certificate of Security Clearance

5.  He was honorably released from active duty on 8 October 1967.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his first name as "Joe."  He authenticated this form with his signature using the first name "Joe." 

6.  He provides a certification of birth, dated (issued) 15 July 2009, that shows an individual with the same middle and last name and with a first name listed as "Jose."

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that at the time of his enlistment the applicant listed his first name as "Jose."  This first name is consistent with the first name shown on various documents throughout his enlistment.  His DD Form 214 inadvertently shows his first name as "Joe."  In view of the foregoing, his 
DD Forms 214 should be corrected to show the first name that is listed on his 
DD Form 4.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the name listed in item 1 of his DD Form 214 and adding the name as it is listed on his DD Form 4.



      _______ _   __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)                                         AR20120011596



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ABCMR Record of Proceedings (cont)                                         AR20120011596



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