IN THE CASE OF: DE LA PAZ, JOSEPH (JOSE) A.
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140004717
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 item 1 (Name (Last, First, Middle)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his first name as "Jose" instead of "Joseph."
2. The applicant states his correct name is "Jose Axxxx Dxxxxxx."
3. The applicant provides copies of the following:
* DA Form 1811 (Physical Data and Aptitude Test Scores Upon Release from Active Duty)
* DD Form 214
* completed DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 20 February 1980. His records contain a DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 20 February 1980, which lists his first name as "Joseph."
3. He was discharged from the DEP on 4 August 1980. He enlisted in the Regular Army (RA) on 5 August 1980. His records also contain the following:
* DD Form 4/1 (Confirmation of Enlistment/Reenlistment), dated 5 August 1980, which lists his first name as "Joseph"; he authenticated this form and allied documents with his signature using this first name
* Enlistment/Travel Order Number 161-3, dated 5 August 1980, which lists his first name as "Joseph"
* DA Form 2-1 (Personnel Qualification Record Part II), dated 8 August 1980, which lists his first name as "Joseph"
* DD Form 93 (Record of Emergency Data), dated 1 May 1981, which lists his first name as "Joseph"
4. His records further contain and he provided a copy of a DA Form 1811, dated 4 August 1983, which lists his first name as "Joseph."
5. He was released from active duty on 4 August 1983 and he was transferred to the USAR Control Group (Reinforcement). Item 1 of his DD Form 214 lists his first name as "Joseph."
6. Orders Number D-07-055063, dated 31 July 1986, discharged him from the USAR effective 4 August 1986. The orders list his first name as "Joseph."
7. 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 applicant served in the DEP, RA, and USAR using the first name of "Joseph." There is no evidence of record and he did not provide sufficient evidence to show the first name listed on his DD Form 214 was not the first name he used at the time.
2. For historical purpose, 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable that he now desires to record the first name he currently uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time it was prepared, and there is an insufficient evidentiary basis to grant him relief. However, a copy of this decisional document will be filed in his records to clarify the difference between his current first name and the first name used during his periods of service.
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) AR20140004717
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ABCMR Record of Proceedings (cont) AR20140004717
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