IN THE CASE OF:
BOARD DATE: 18 June 2015
DOCKET NUMBER: AR20140018796
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 the spelling of his last name as "Rodriguez" instead of "Rodriquez" (the letter "g" instead of the letter "q" in the sixth place).
2. The applicant states his first name is misspelled.
3. The applicant provides his DD Form 214 and 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's records show he enlisted in the Regular Army on 27 July 1983. His DD Form 4 (Enlistment/Reenlistment Document) and all allied documents listed his last name as "Rodriquez" (the letter "q" in the sixth place). He signed multiple documents using this last name.
3. His DA Form 2A (Personnel Qualification Record-Part I) and DA Form 2-1 (Personnel Qualification Record-Part II)), which were created upon his entry on active duty, also listed his last name as "Rodriquez." He reviewed his DA Form 2-1 and authenticated it with his signature using this first name.
4. His service record contains multiple documents, including the following documents that show his last name as "Rodriquez." He authenticated some of those documents requiring his signature with the same name:
* DD Form 93 (Record of Emergency Data)
* DA Form 428 (Application for Identification Card)
* Assignment, reassignment, and separation orders
* Standard Form 89 (Report of Medical History)
* SGLI Election Certificate
* Certificate of Clearance and/or Security Determination
* National Agency Check Request
5. He was discharged on 11 September 1985. Item 1 (Name (Last-First-Middle)) of his DD Form 214 listed his last name as "Rodriquez" (the letter "q" in the sixth place). He authenticated this form with his signature using this same name.
6. He provides a driver license of an individual with a very similar name but the last name is spelled as "Rodriquez" (the letter "g" instead of the letter "q" in the sixth place).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows upon his enlistment in the Regular Army, the applicant listed his last name as "Rodriquez." This last name is consistent with the last name on all documents in his service record. He authenticated several documents by placing his full signature in the appropriate block, indicating that his name was correctly listed. There is no evidence he used the requested spelling of last name at any time during his military service.
2. 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 the applicant desires to now record his last name differently in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
3. Absent convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is no reason to change them. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief. However, a copy of this Record of Proceedings will be filed in his official records to clarify the difference in the spelling of his last name.
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) AR20140018796
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ABCMR Record of Proceedings (cont) AR20140018796
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