BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20140016098 


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 name, date of birth (DOB), and place of birth (POB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* his name should be shown as E____ O___Z-S___Z instead of E____ S___S O___Z
* his DOB should be 16 April 1937 instead of 20 February 1937
* his POB should be Madrid, Spain, instead of Havana, Cuba
* these issues are creating legal problems for him

3.  The applicant provides:

* DD Form 214
* birth certificate
* baptism certificate

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 47 (Record of Induction), dated 23 August 1960, shows:

* his first name as E____
* his middle name as S___S
* his last name as O___Z
* his DOB as 20 February 1937
* his POB as Havana, Cuba
* he was inducted into the Army of the United States on 23 August 1960

3.  On 10 August 1962, he was honorably released from active duty (REFRAD).

4.  His DD Form 214 shows:

* his first name as E____
* his middle name as S___S
* his last name as O___Z
* his DOB as 20 February 1937
* his POB as Havana, Cuba

5.  He provided his birth certificate which shows:

* his full name as E____ O___Z S___Z
* his DOB as 16 April 1937
* his POB as Madrid, Spain

6.  He enlisted in the Puerto Rico Army National Guard (PRARNG) in September 1962.

7.  His records contain a DA Form 268 (Report of Suspension of Favorable Personnel Actions), dated 7 March 1966, which shows in:

* item 1 (Last Name – First Name – Middle Name) – O___Z-S___Z, E____ also known as O___S-S___Z, E____ S___S


* item 2 (DOB) – 16 April 1937
* item 3 (POB) – Madrid, Spain

8.  The DA Form 268 interim report synopsis states:

	a.  The applicant executed a DD Form 398 (Statement of Personal History) on 13 January 1965, falsifying several items.

	b.  An interview revealed he obtained fraudulent Cuban identification papers in 1954 and had been using these documents since that time.  Since 1954, he had entered the United States, obtained U.S. citizenship, served 2 years of active duty in the Army, and joined the PRARNG.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated, in pertinent part, that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided 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 the name, DOB, and POB shown on his DD Form 214 are incorrect.

2.  Although the birth certificate provided by the applicant shows his name as E____ O___Z S___Z, his DOB as 16 April 1937, and his POB as Madrid, Spain, the evidence of record shows he reported his name as E____ S___S O___Z, his DOB as 20 February 1937, and his POB as Havana, Cuba, when he was inducted in 1960.  He served in and was REFRAD using the name E____ S___S O___Z, DOB of 20 February 1937, and POB of Havana, Cuba.

3.  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 now desires to record a different name, DOB, and POB 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.

4.  For purposes of clarity, however, it would be appropriate to amend item 32 (Remarks) of his DD Form 214 to add the entry:  "Service member's records contain a DA Form 268, dated 7 March 1966, showing his name as E____  O___Z-S___Z; DOB as 16 April 1937; and POB as Madrid, Spain."

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  __x______  __x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following entry to item 32 of his DD Form 214:  "Service member's records contain a DA Form 268, dated 7 March 1966, showing his name as E____  O___Z-S___Z; DOB as 16 April 1937; and POB as Madrid, Spain."

2.  The Board further determined 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 amending the individual's name, DOB, or POB entries on his DD Form 214.



      ___________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)                                         AR20140016098



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ABCMR Record of Proceedings (cont)                                         AR20140016098



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