IN THE CASE OF:
BOARD DATE: 28 January 2014
DOCKET NUMBER: AR20130009118
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by changing his first name to "Henry" instead of "Enrique."
2. The applicant states, in effect, the error on his DD Form 214 is his. He discovered his first name was "Henry" when he requested a copy of his birth certificate in 1989. He was told his first name was "Enrique" which is Spanish for "Henry." He is trying to get medical services from the Department of Veterans Affairs.
3. The applicant provides:
* DD Form 214
* birth certificate
* Certificate of Confirmation
* high school diploma
* Social Security Card
* Arizona driver's license
* 4 certificates of training
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 induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History) and listed his first name as "Enrique." He authenticated this form by placing his signature in the appropriate block.
3. His DD Form 47 (Record of Induction) shows he was inducted on 4 November 1970 and shows his first name as "Enrique."
4. A review of his records shows he used the first name "Enrique" throughout his period of service.
5. On 5 January 1971, the applicant was honorably discharged due to a physical condition which existed prior to service. He completed 2 months and 2 days of creditable active military service.
6. The applicant provides a copy of his birth certificate, Certificate of Confirmation, high school diploma, Social Security Card, and Arizona driver's license that all show his first name as "Henry." He also provides 4 certificates of training that show his first name as "Henry."
DISCUSSION AND CONCLUSIONS:
1. A review of the applicant's record shows he served using the first name "Enrique." While it is understandable he desires to now record the name shown on his birth certificate on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Armys records. 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.
2. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record, formerly known as the official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and the name shown on his birth certificate.
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) AR20130009118
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ABCMR Record of Proceedings (cont) AR20130009118
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