IN THE CASE OF:	 

		BOARD DATE:	  13 October 2014

		DOCKET NUMBER:  AR20140003076 


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 Active Duty) to show his correct last name.

2.  The applicant states that his last name by birth is "V---e--;" however, his last name is misspelled in his Army records as "V---i--."

3.  The applicant provides no documentary evidence in support of his application.

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 DD Form 1966 (Application for Enlistment – Armed Forces of the United States) was completed during the applicant's enlistment processing. This document was certified by the applicant on 19 April 1976 and recertified by the applicant on 1 June 1976 and it shows in:

   a.  section I (Personal Data), block 1 (Name - Last, First, Middle), his last name as "V---i--;"

   b.  section III (Verification of Personal Data), item 23 (If Preferred Enlistment Name (name given in block 1) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by State law, complete the following:

    	(1)  Name as shown on your Birth Certificate:  "Luis V---e--."

   	(2)  "I hereby state that I have not changed my name through any court procedure; and that I prefer to use the name 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 1."

   c.  The applicant and recruiter placed their signatures on the document.

3.  A DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 
20 April 1976 and further enlisted in the Regular Army on 1 June 1976.  Section I (Identification Data), item 1 (Name - Last, First, Middle) shows his last name as "V---i--."  The applicant also signed the document with that last name.

4.  A DD Form 214 shows the applicant was honorably released from active duty on 1 June 1979 and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  It also shows in:

	a.  item 1 (Name - Last, First, Middle) his last name as "V---i--."

	b.  item 29 (Signature of Person Being Separated) the applicant signed the document with that last name.

5.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  
   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Officer Record Brief, enlistment/ reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.  It shows for item 1, enter name in all capital letters; include "JR," "SR," or "II" when needed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the last name recorded in his military service records should be corrected because it does not correspond with the last name on his birth certificate.

2.  The evidence of record shows that upon entry into the U.S. Army the applicant reported that his last name by birth was "V---e--;" however, his preferred last name was "V---i--."  Thus, the applicant chose to use the last name "V---i--" during his military service.

3.  The applicant's military service records clearly show his preferred last name and that he signed numerous documents using that last name.  In addition, the applicant's preferred last name was consistently recorded in his official military service records, including on his DD Form 214, when he was released from active duty.

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the applicant offers insufficient evidence to warrant a change to the name in his official military service records.

5.  For historical purposes, the Army has an interest in maintaining the integrity 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 desires to now record his correct last 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.  

6.  However, the applicant's request has a degree of merit.  Therefore, in view of the foregoing, it would be appropriate to issue a DD Form 215 (Correction of 
DD Form 214) correcting the applicant's DD Form 214 by adding the applicant's birth name to item 27 (Remarks) of the DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by adding to item 27 the name shown in item 23 of his DD Form 1966 (e.g., REFERENCE ITEM 1:  BIRTH NAME:  LUIS V---E--).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to completely changing his name in his official military service records.



      _______ _   _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)                                         AR20140003076



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ABCMR Record of Proceedings (cont)                                         AR20140003076



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