IN THE CASE OF:
BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130008203
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 item 1 (Name - Last, First, Middle) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant states he wants his name changed from Freddy to Jose Alfredo on his DD Form 214.
3. The applicant provides:
* Department of Veterans Affairs identification card
* Request for Personnel Security Investigation
* 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. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 5 December 1979 for a period of 6 years. His DD Form 1966/1 (Record of Military Processing Armed Forces of the United States) shows in item 2 (Name) the first name Freddy.
3. Section X (Statement of Name for Official Military Records), item 48, of his DD Form 1966 shows:
a. If the Preferred Enlistment Name (Name Given in Block 2) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by state law, complete the following: Enter name as shown on your birth certificate. The applicant entered the first name Freddy.
b. I hereby state that I have not changed my name through any court procedure, and that I prefer to use the name of Freddy by which I am known in the community as a matter of convenience and with no criminal or fraudulent intent. I further state that I am the same person as the one whose name is shown in block 2.
4. He was discharged from the USAR DEP for immediate enlistment in the Regular Army (RA). He enlisted in the RA on 15 January 1980 and he was honorably released from active duty for expiration term of service on 14 January 1983.
5. Item 1 of his DD Form 214 shows the first name Freddy with no middle name.
6. All of his service personnel records show his name as Freddy with no middle name.
7. 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 preparation of the DD Form 214 and 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 the applicant declared he preferred to use the first name Freddy when he enlisted in the USAR DEP in December 1979 and this first name was used exclusively during his military service. His DD Form 214 shows this first name when he was released from active duty in January 1983.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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 now desires to record his requested first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the first name recorded in his military records and to satisfy his desire to have his requested first name documented.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20130008203
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ABCMR Record of Proceedings (cont) AR20130008203
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