IN THE CASE OF:   

		BOARD DATE:  30 April 2015

		DOCKET NUMBER:  AR20140016608


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), for the period ending 23 December 1983, to change his name from "Tomas Andres Mxxxxx” to "Thomas Andrews Mxxxxx."

2.  The applicant states his birth certificate shows his name spelled correctly; however, when he joined the Army his reading and comprehension level was limited, from which this error resulted.

3.  The applicant provides copies of his DD Form 214 and his State of Florida 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.  The applicant enlisted in the Regular Army on 6 October 1975.  

* item 1 (Name (Last, First, Middle, Jr., Sr., etc.)) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his name as "Mxxxxx, Tomas Andre's" [with an apostrophe used as an accent mark]
* he signed page 3 of this form using that name and his typed name and signature are consistent
* all allied enlistment documents, including his DD Form 1966 series (Application for Enlistment – Armed Forces of the United States) identify him by that same name
* in one instance on his DD Form 1966, his first name is typed as "Thomas"; however, he signed his name next to that typed entry, representing his first name as "Tomas"

3.  Orders 150-433, issued by Headquarters, Fort Carson and Headquarters, 4th Infantry Division on 2 August 1979, reassigned him for separation processing.  These orders show his name as "Tomas A. Mxxxxx."

4.  He was honorably released from active duty on 5 October 1979 and transferred to the U.S. Army Reserve (USAR).  Item 1 (Name (Last, First, Middle)) of his DD Form 214 shows his name as "Mxxxxx, Tomas Andre's" [with apostrophe used as an accent mark].

5.  He reenlisted in the USAR Delayed Entry Program on 27 February 1980.  Item 1 of his DD Form 4 shows his name as "Mxxxxx, Tomas Andres" [without apostrophe used as an accent mark].  

6.  Active Duty Order Number 043-19, issued by the Armed Forces Examining and Entrance Station (AFEES), Kansas City, Missouri on 27 February 1980, assigned him to inactive duty in the USAR pending his reenlistment in the Regular Army and entry on active duty.  These orders show his name as "Mxxxxx, Tomas Andres" [without apostrophe used as an accent mark]. 

7.  He reenlisted in the Regular Army on 19 March 1980.  He signed page 4 of his DD Form 4 using the name "Tomas Andre's Mxxxxx" [with apostrophe used as an accent mark].

8.  Orders Number 059-4, issued by AFEES, Kansas City, Missouri on 19 March 1980, ordered him to report to the U.S. Army Reception Station at Fort Eustis, Virginia, effective 24 March 1980.  These orders show his name as "Mxxxxx, Tomas Andre's" [with apostrophe used as an accent mark]. 

9.  His record contains a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), signed by the applicant on 25 April 1983, on which his typed name is shown as "Mxxxxx, Thomas A."  However, he signed his name on this document as "Tomas A. Mxxxxx." 

10.  His record contains a second DA Form 2627, signed by the applicant on      8 November 1983, on which his typed name is shown as "Mxxxxx, Tomas A."   He signed his name on this document as "Tomas A. Mxxxxx."

11.  He was discharge from the Army under honorable conditions on                 23 December 1983.  Item 1 of his DD Form 214 shows his name as "Mxxxxx, Tomas Andres."

12.  His birth certificate is not available for review.

13.  The documents contained in his DA Form 201 (Military Personnel Records Jacket (MPRJ)), initiated and completed during his Regular Army periods of service covered by his DD Forms 214, show his name as either "Mxxxxx, Tomas Andres," [with and without apostrophe used as an accent mark] or "Mxxxxx, Tomas A." [middle initial only].  In a couple of instances, his name is typed as "Mxxxxx, Thomas A."; however, in each instance, the first name "Thomas" is either lined out and replaced by "Tomas," or he signed his name as "Tomas."  It does not appear he ever signed his name as "Thomas" or "Thomas Andrews"; in fact, none of the documents in his MPRJ identify his middle name as "Andrews." 

14.  He provides his State of Florida Driver License, which shows his name as "Mxxxxx, Thomas Andrews."

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be amended to correct his name.

2.  The evidence of record shows he enlisted in the Regular Army on 6 October 1975, and upon his enlistment he listed his name as "Mxxxxx, Tomas Andre's" [with apostrophe used as an accent mark].  He served under that name and it appears on his DD Form 214 for the period ending 5 October 1979.

3.  He reenlisted into the USAR DEP on 27 February 1980 and he reenlisted in the Regular Army on 19 March 1980.  In each instance, his name was recorded as "Mxxxxx, Tomas Andre's" [with and without an apostrophe used as an accent mark].  He served under that name and it appears on his DD Form 214 for the period ending 23 December 1983.

4.  He contends his name is properly reflected on his birth certificate; however, his birth certificate is not contained in his records and he did not provide it for review.  

5.  The evidence clearly shows the applicant served under the contested name; however, there is no evidence he served under the requested name, or evidence to show it was his rightful name at the time of either of his enlistments.  

6.  For historical purposes, the Army has an interest in maintaining the accuracy 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.  It is understandable that he now desires to record a different name throughout his military records; however, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.  Accordingly, there is no basis to grant the requested relief. 

7.  The applicant is advised that a copy of this decisional document 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 name recorded in his military record and to satisfy his desire to have his correct 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)                                         AR20100016239



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ABCMR Record of Proceedings (cont)                                         AR20140016608



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