IN THE CASE OF:	  

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130020495 


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 (Armed Forces of the United States Report of Transfer of Discharge) to show his middle name as P____ and his last name spelled as G____EZ.

2.  The applicant states his correct name of R____ P____ G____EZ should be shown on his DD Form 214.  The error occurred at the time of his enlistment based on the incorrect birth certificate filed at the time of his birth.  The error occurred as a result of ignorance at the time of recording his birth name by the physician.  Approval of his request would establish his correct identity.

3.  The applicant provides copies of his original and amended birth certificates and driver's license.

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 25 August 1969.  Most of the documents in his records show his last name spelled as G____ES.  However, his records contain a DD Form 398 (Statement of Personal History), dated 15 August 1969, which shows his middle name as P____ and his last name spelled as G____ES (his middle name is lined through).  He signed this form spelling his last name as G____EZ.

3.  He was honorably released from active duty on 28 February 1972 and was transferred to the U.S. Army Reserve.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his name as R____ G____ES and does not show a middle name.

4.  U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 07-1214917, dated 23 July 1975, honorably discharged him from the U.S. Army Reserve effective 1 August 1975.  These orders show his name as R____ G____ES.

5.  He provided copies of the following:

* Texas Department of Health Bureau of Vital Statistics Certificate of Birth recorded on 2 December 1950 which shows his last name spelled as G____ES
* Amendment to Certification of Birth filed on 15 June 1976 which shows the original birth certificate was corrected to show his full name as R____ P____ G____EZ and corrected the spelling of the father's last name from G____ES to G____EZ
* driver's license which shows his name as R____ P____ G____EZ

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated item 1 would list the last name, first name, and full middle name or names, if any.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows upon the applicant's enlistment in the Regular Army in August 1969, he spelled his last name as G____ES as shown on his original birth certificate.  However, his records also show signed his DD Form 398 on 15 August 1969, spelling his last name as G____EZ.
2.  On 15 June 1976, his original birth certificate was amended to show his full name as R____ P____ G____EZ and, more importantly, corrected the spelling of his last name.

3.  In view of the forgoing, it would be appropriate to correct his DD Form 214 to show his name as R____ P____ G____EZ as shown on his amended birth certificate.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his name as R____ P____ G____EZ as shown on his amended birth certificate.



      ____________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)                                         AR20130020495



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ABCMR Record of Proceedings (cont)                                         AR20130020495



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