IN THE CASE OF:	  

		BOARD DATE:	  30 May 2013

		DOCKET NUMBER:  AR20120020312 


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 "Benny" instead of "Jovencio." 

2.  The applicant states he changed his name after he was separated. 

3.  The applicant provides his Naturalization Certificate and 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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History).  He listed his first name as "Jovencio."  He authenticated this form by placing his signature in the appropriate place using this first name.

3.  He was inducted into the AUS on 13 September 1967.  He was discharged on 24 October 1967 for the purpose of enlistment in the Regular Army (RA).  His  DD Form 214 for this period of service listed his first name as "Jovencio."  He authenticated this form by placing his signature in the appropriate place using this first name.

4.  He enlisted in the RA on 25 October 1967.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) also shows his first name as "Jovencio."  He authenticated this form by placing his signature in the appropriate place using this first name

5.  His DA Form 20 (Enlisted Qualification Record) that was created upon his entrance into the Army shows the same first name as that shown on his enlistment document.  He reviewed this form at a later date and authenticated it by placing his signature in the appropriate place using the first name of "Jovencio."

6.  His records contain several official personnel documents including a Record of Emergency Data, Servicemen's Group Life Insurance, an application for a military identification card, assignment and reassignment orders, and various medical records that show his first name as "Jovencio."  He authenticated several of these forms using this name.

7.  He was honorably released from active duty on 29 May 1970.  Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 he was issued shows his first name as "Jovencio."  He also authenticated this form by placing his signature in item 34 (Signature of Person Being Transferred or Discharged) using this first name.

8.  He provided a Naturalization Certificate, dated 16 November 1973, that contains the same middle and last names but the first name is shown as "Benny." 

9.  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.  It states 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon his induction and subsequent enlistment in the Army, the applicant listed his first name as "Jovencio."  This first name is consistent with the first name that he used throughout his period of military service.  He authenticated the documents in his records indicating that his name was correct.  He did not use the first name of "Benny" during his period of military service.

2.  For historical purposes, the Army has an interest in maintaining the integrity 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.  

3.  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 a different first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

4.  This Record of Proceedings, will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in his first name.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military record regarding the first name under which he served.

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)                                         AR20120020312



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ABCMR Record of Proceedings (cont)                                         AR20120020312



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