IN THE CASE OF:
BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130021191
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 his first name is spelled Dionisio.
2. The applicant states his first name was incorrectly shown as Dionicio from the date of his enlistment.
3. The applicant provides copies of
* Department of Veterans Affairs (VA) and Armed Forces identification cards with the first name spelled Dionicio
* His DD Form 214 (Certificate of Release or Discharge from Active Duty) and his Certificate of Honorable Discharge
* copies of a Social Security Card (numbered XXX-XX-9928 and dated 15 August 2013) and a Texas Commercial Driver License (dated 31 July 2013) with the first name spelled Dionisio
* 1969 Certificate of Naturalization with the first name spelled Dionisio
* February 2013 letter from the VA addressed to Dionicio
* 15 August 2013 receipt for an application for Social Security card addressed to Dionisio
* Social Security Administration formatted communication indicating that the number XXX-XX-9928 the applicant had provided with his request was assigned to Dionicio
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 in April 1980 and served until April 1983 when he was honorably separated and transferred to the U.S. Army Reserve in pay grade E-4.
3. He enlisted using the first name Dionicio and the Social Security Number (SSN) XXX-XX-9928 and that name and SSN are used exclusively in his service record.
4. The Social Security card issued to Dionisio on 15 August 2013 uses the SSN XXX-XX-9928, the same number that the Social Security Administration indicated was assigned to Dionicio.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted and served on active duty using the name currently recorded in his military records.
2. The Social Security card issued to Dionisio on 15 August 2013 uses the SSN XXX-XX-9928, the same number that the Social Security Administration indicated was assigned to Dionicio. This shows there is no case of mistaken identity. The applicant already has written proof from the Social Security Administration that Dionicio and Dioinsio are one and the same.
3. 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.
4. The applicant is advised that a copy of this decisional document, along with his application will be filed in his Army record. This should serve to clarify any questions or confusion in regard to the difference in his current last name and the one recorded in his military record, and to satisfy his desire to have his correct last 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) AR20130021191
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ABCMR Record of Proceedings (cont) AR20130021191
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