IN THE CASE OF:	  

		BOARD DATE:  25 July 2013

		DOCKET NUMBER:  AR20130000420 


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 "William" instead of "Gillermo."

2.  He also requests the issuance of an Honorable Discharge Certificate.

3.  The applicant states he legally changed his name after he was separated.  He adds that he was known as "William" throughout his entire life.  He did not know his legal name was "Gillermo."  His parents changed his first name at the time to give him an American name when he was enrolled in school.  When he entered the Army, the recruiter told him he could change his name at his first duty station. When he got to his first duty station he was told the opposite, that he should have changed his name at the recruiting station.  He spent his entire military service as "Gillermo."  Once he was discharged, he went back to being "William."

4.  The applicant provides:

* Court Decree Changing Name, dated 7 July 2012
* Letter from the Department of Veterans Affairs, dated 29 June 2010
* Social Security card issued on 9 July 2012
* State driver license issued on 29 July 2009
* 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 enlistment in the Regular Army (RA), on 17 September 1968, the applicant completed a DD Form 398 (Statement of Personal History).  Item 1 (First Name – Middle Name – Last Name) of this form shows he listed his first name as "William."  He authenticated this form by placing his signature in the appropriate place with his first name as "William."

3.  He enlisted in the RA on 15 October 1968.  Item 5 (Last Name – First Name – Middle Name) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) lists his first name as "Gillermo."  He authenticated this form by placing his signature in the appropriate place with his first name as "Gillermo."

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

5.  His records contain several official personnel documents, including the following documents, that show his first name as "Gillermo."  He authenticated several of these forms using this same first name:

* Record of Emergency Data
* Servicemen's Group Life Insurance
* Application for a military identification card
* Assignment and reassignment orders
* Award and/or promotion orders
* Various medical documents

6.  On 24 July 1970, he was honorably released from active duty to attend school and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He attained the rank/grade of sergeant (SGT)/E-5.

7.  Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 he was issued shows his first name as "Gillermo."  He also authenticated this form by placing his signature in item 34 (Signature of Person Being Transferred or Discharged) using this first name.

8.  On 25 September 1974, having completed his military service obligation, the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, published Letter Orders Number 09-1294860 honorably discharging him from the USAR, effective 1 October 1974.  It is unclear if he was issued an Honorable Discharge Certificate at the time.

9.  He provided:

* Decree Changing Name, dated 7 July 2012, that shows the State of California considered his petition at a hearing and ordered his name changed from "Gillermo" to "William"
* Social security card, issued on 9 July 2012, that shows the first name as "William"
* State driver license that expires on 8 September 2014 and shows the first name as "William"
* Letter from the VA advising him to apply to this Board for a name change

10.  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.

11.  Army Regulation 635-5 also states, in pertinent part, that the DD Form 256A (Honorable Discharge Certificate) is an authorized separation document.  The DD Form 256A is issued appropriately to all Soldiers receiving an honorable discharge.  In the space under "this is to certify that," enter the name, typed–in capital letters in signature order, followed by the grade and career branch (officer) or component (enlisted) without the Social Security Number.  Spell out 

the component if RA; enter other components as Army National Guard or USAR. Type the name of the officer signing the certificate between the lines in the lower right corner of the certificate.  Type the name in capital letters in the signature order, with grade and branch centered below the name.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that in connection with his enlistment, the applicant completed a DD Form 398 and listed his first name as "William."  However, when he enlisted, his enlistment contract and allied documents listed his first name as "Gillermo."  This first name - Gillermo - is consistent with the first name that he used throughout his entire period of military service.  He authenticated several documents in his records indicating that his name was correct.  Aside from the DD Form 398, he did not use the first name of "William" 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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  

3.  Nevertheless, there is no harm to the Army or the applicant if an entry is made to item 30 (Remarks) of his DD Form 214 to show he used the first name "William" when he completed the DD Form 398.  Additionally, 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.

4.  The evidence of record further shows he was honorably discharged from the USAR on 1 October 1974 at the conclusion of his military service obligation.  Therefore, he is entitled to the issuance of an Honorable Discharge Certificate.

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:

* adding to item 30 of his DD Form 214 the entry "Used the first name William"
* issuing him an Honorable Discharge Certificate, effective 1 October 1974 

2.  The Board further determined 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 item 1 of his DD Form 214 to show his first name as "William."



      _______ _  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)                                         AR20130000420



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130000420



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1