IN THE CASE OF:
BOARD DATE: 6 March 2015
DOCKET NUMBER: AR20140012816
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) by removing Jose from his name.
2. The applicant states "Jose" has never been on his birth certificate. He contends that he needs his military records to match his name as it is shown on his birth certificate and social security card.
3. The applicant provides copies of:
* State of Texas Certification of Birth, issued in 2011
* social security card, issued 3 March 2011
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 21 August 1972, the applicant enlisted in the Regular Army using Jose as his first name.
3. A review of the applicants Official Military Personnel File (OMPF) shows that every document in his record uses Jose as his first name. These documents include:
* DD Forms 4 (Enlistment/Reenlistment document Armed Forces of the United States) dated in 1972, 1974, 1980
* DA Form 2-1 (Personnel Qualification Record Part II)
* DD Forms 214 for periods ending in 1969, 1974, and 1983
4. A review of signed documents in the applicants OMPF showed his signature with a first name of Jose.
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty 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 corrected by removing "Jose" from his name because he wants his name to match the name on his birth certificate and social security card.
2. The available evidence clearly shows the applicant consistently used "Jose" as his first name while in the military service. Furthermore, he has not provided any documentary evidence showing that the use of "Jose" as part of his name in his military records has or is causing him harm.
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 Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record, and satisfy his desire to have his name documented in his record.
5. In view of the foregoing, the applicant's request should be denied.
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20140012816
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