IN THE CASE OF:
BOARD DATE: 30 January 2014
DOCKET NUMBER: AR20130008796
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 (Report of Separation from the Armed Forces of the United States), ending on 28 September 1956, to show his first name as Miguel instead of Utanislao.
2. The applicant states the first name on the DD Form 214 is incorrect. The correct first name should be Miguel. The name was written as it was on the certificate of birth. All records within the Department of Veterans Affairs (VA) and other veteran services show Miguel except the DD Form 214.
3. The applicant provides:
* DD Form 214
* Foreign document titled "Resolucion"
* Certificate of birth
* VA medical card
* 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's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty at Fort Buchanan, PR, on 25 October 1954.
4. Neither his DD Form 398 (Statement of Personal History) nor his DD Form 47 (Record of Induction) is available for review. It is unclear what first name he used at the time.
5. He completed 1 year, 11 months, and 4 days of creditable active service. He was released from active duty on 28 September 1956. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his first name as Utanislao. He signed this form using the first name Utanislao.
6. He submitted the below documents that list the same last name but a different first name:
* A foreign document, titled "Resolucion," dated 17 May 1990
* A certificate of birth, dated (issued) 16 June 1011
* Social security card
* VA medical card
DISCUSSION AND CONCLUSIONS:
1. The applicant's induction record is not available for review with this case. It is unclear what first name he used upon entering active duty. However, his reconstructed record contains a copy of a properly-constituted DD Form 214 that shows his first name as Utanislao.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing his first name.
3. Nevertheless, a copy of this decisional document will be filed in his service record to provide clarity and to deal with any confusion that might arise regarding the different first name he claims is correct. 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) AR20130008796
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ABCMR Record of Proceedings (cont) AR20130008796
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