IN THE CASE OF:
BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140012576
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 (Certificate of Release or Discharge from Active Duty) to show his first name as "Aristeo" instead of "Aristero."
2. The applicant states his first name is misspelled on his DD Form 214. He needs his DD Form 214 corrected for the purpose of obtaining a Department of Veterans Affairs Home Mortgage Loan.
3. The applicant provides:
* social security card
* California driver 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. Having prior honorable service in the U.S. Marine Corps, the applicant enlisted in the Regular Army (RA) on 8 October 1986. Item 1 (Last Name - First Name - Middle Name) of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) lists his first name as "Aristero."
3. The applicant's records contain various personnel, finance, medical, and other documents that show the applicant's first name as "Aristero." Many of these forms are authenticated by the applicant using this name.
4. His records also contain a DD Form 398-2 (Department of Defense Personnel Security Questionnaire), dated 21 August 1986, which shows he acknowledged having a first name alias of "Aristeo."
5. The applicant was honorably discharged on 28 August 1990. Item 1 (Name (Last, First, Middle)) of the DD Form 214 he was issued shows his first name as "Aristero."
6. The applicant provides a copy of his social security card and California driver license which shows his first name as "Aristeo."
7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be modified to show his first name as "Aristeo" instead of "Aristero."
2. The evidence of record shows that upon his enlistment in the RA on 8 October 1986, the applicant listed his first name as "Aristero." This name is consistent with the first name on every document in the applicant's service records.
3. The applicant listed the first name he requests as an alias on a Personnel Security Questionnaire; however, the overwhelming preponderance of evidence shows he elected not to use "Aristeo" as his first name throughout his RA service.
4. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. The applicant provides insufficient evidence to support his contention. In the absence of compelling information to the contrary, there is no basis for changing the applicant's first name in this case.
5. A copy of this decisional document will be filed in the applicant's military records. This should serve to clarify any questions or confusion regarding the spelling of his first name and adequately document the current spelling of his first name in these records.
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) AR20140012576
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ABCMR Record of Proceedings (cont) AR20140012576
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