IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140004683
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his legal first name.
2. The applicant states that his DD Form 214 reflects his first name as Juan; however, his legal first name is John.
3. The applicant provides copies of his birth certificate and DD Form 214.
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 was inducted on 20 September 1966 using the first name of Juan. He was transferred to Fort Benning, Georgia to undergo his basic training and on 25 September 1966, he was honorably discharged for the purpose of enlisting in the Regular Army.
3. On 26 September 1966, he enlisted in the Regular Army under the first name of Juan for a period of 3 years and training as a postal clerk.
4. He completed his advanced individual training at Fort Benjamin Harrison, Indiana and was transferred to Fort Sill, Oklahoma for his first assignment.
5. He was transferred to Vietnam on 18 September 1967 and served there until 17 September 1968 when he was transferred to Germany, where he remained until he was honorably released from active duty (REFRAD) on 6 September 1969 as an overseas returnee. He had served 2 years, 11 months, and 17 days of total active service.
6. A review of his official records shows he served his entire period of service under the first name of Juan. All documents in his records, to include those prepared by the applicant, show the same first name and he signed his name using the first name of Juan.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's DD Form 214 reflects the first name that was used throughout his entire period of service. Therefore, there is no evidence of record or independent evidence that suggests his military record exhibits a material error or injustice.
2. 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 that the applicant desires to now record his legal first 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.
3. The applicant is advised that a copy of this decisional document which confirms his current SSN will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and to satisfy his desire to have his legal name documented in his OMPF.
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) AR20140004683
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