IN THE CASE OF:
BOARD DATE: 2 December 2013
DOCKET NUMBER: AR20130006772
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 that his records be corrected to show his first name is "Juan" and his date of birth (DOB) is "27 June 1952."
2. The applicant states his records incorrectly reflect his first name as "John" and his DOB as "17 July 1951"; however, his legal first name is "Juan" and his DOB is "27 June 1952."
3. The applicant provides copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), birth certificate, and 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 enlisted in the Regular Army on 13 August 1969 for a period of 3 years. At the time he enlisted, he used the first name "John" and a DOB of
17 July 1951." This information is contained in his official records to include documents filled out and signed by the applicant.
3. He completed his one-station unit training as a light weapons infantryman at Fort Ord, California and was transferred to Vietnam on 11 January 1970 and served there until 4 December 1970 when he was transferred to Fort Sill, Oklahoma.
4. He was transferred back to Vietnam on 28 May 1971 and on 19 July 1971 he was honorably discharged for the purpose of immediate reenlistment.
5. On 20 July 1971, he reenlisted for a period of 6 years. He used the same first name and DOB as when he initially enlisted.
6. He departed Vietnam on 2 March 1972 for assignment to Hawaii where he remained until he was discharged under other than honorable conditions on 16 June 1973. His DD Form 214 for this period shows the first name "John" and his DOB as "17 July 1951."
7. A review of his official records shows he served his entire period of service using the first name "John" and a DOB of "17 July 1951." There is no evidence contained in his records to show that he ever used any other first name or DOB.
8. The birth certificate provided by the applicant shows his first name as Juan and his DOB as 27 June 1952.
9. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. A review of the applicants official records shows he served his entire period of service using the first name "John" and a DOB of "17 July 1951" and this is the information contained on his DD Forms 214.
2. Although not prohibited, the applicant has provided no explanation as to why he served under a first name and DOB that are different than the ones on his birth certificate.
3. 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. While it is understandable the applicant desires to now change his first name and DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. Accordingly, there is no basis for granting the applicant's requested relief.
4. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record, previously known as the Official Military Personnel File. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military record and to satisfy his desire to have the first name and DOB listed on his birth certificate documented in his record.
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) AR20130006772
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ABCMR Record of Proceedings (cont) AR20130006772
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