IN THE CASE OF:
BOARD DATE: 3 December 2013
DOCKET NUMBER: AR20130007274
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 records to show that his first name is George, not Jorge.
2. The applicant states the present spelling does not match his birth certificate.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a wallet-sized card signed by the Presidio County Clerk showing the applicant's birth name is George.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 entered active duty on 17 June 1987 as a U.S. Army Reserve (USAR) officer of the Dental Corps.
3. He was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) as a captain.
4. His available record is not complete but considerable documentation is available. Every available document, including those originated and/or signed in his own hand, shows his first name as Jorge.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered the USAR and served on active duty using the name currently recorded in his military records.
2. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
3. The applicant is advised that a copy of this decisional document, along with his application will be filed in his Army Military Human Resource Record. This should serve to clarify any questions or confusion in regard to the difference in his current first name and the one recorded in his military record, and satisfy his desire to have his name 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) AR20130007274
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ABCMR Record of Proceedings (cont) AR20130007274
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