IN THE CASE OF:	   

		BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20150004008 


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 records to show his name as Oscar (no middle initial (NMI)) G____.

2.  The applicant states that although he was born in Mexico, his mother was born in Texas; therefore, he became a naturalized citizen.  His Mexican birth certificate and certificate of citizenship shows his name as Oscar G____ R____, with his mother's maiden name being utilized in the last position.  He was told to sign his (military) paperwork with the name on his legal papers.

3.  The applicant provides copies of his Mexican birth certificate and U.S. Certificate of Citizenship.

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 birth certificate shows his name as Oscar G____ R____.  

3.  The Certificate of Citizenship provided by the applicant was issued on 14 July 1971.  It shows he was issued an earlier certificate on 30 July 1965 showing that he had become a naturalized citizen on 27 February 1948.  His name is shown as Oscar G____ R____.

4.  The applicant enlisted under the name Oscar G____ R____ on 28 March 1968.  The Statement of Personal History directs that the name be written as first, middle, last.  The applicant's handwritten name on the form is his first name with a very distinct space between it and his father's surname followed by his mother's maiden (surname) name; apparently to show no middle name.

5.  The typed enlistment contract utilizes the name arrangement of last name, first name, middle name.  The form shows the applicant's mother's maiden name as his "English" surname with his father's surname being used as a middle name, R____, Oscar G____. 

6.  His 27 May 1971 DD Form 214 shows his name as R____, Oscar G____. 

7.  Wikipedia.com provides the following description of Hispanic use of last names.  

In English-speaking countries the "family" or surname is usually called the "last" name.  In Hispanic countries the "last" name is NOT the "family" name, people generally use two surnames.  The first is the father’s surname; the second is the mother’s maiden or surname. The father’s surname is the family name and it is passed on to the children.  The family surname is only used informally.  Both paternal and maternal surnames are used for all legal papers and to better identify a person.  For example, if Alejandro GARCÍA Haro and Elena SÁNCHEZ Pérez have a son called Alberto (named after the grandfather), the son will be called Alberto GARCÍA Sánchez.  Then there are two Alberto García’s, the grandfather and the grandson.  In order to distinguish them, they are referred to as Alberto GARCÍA Rubio and Alberto GARCÍA Sánchez.  Note that the "family" name is the same, GARCÍA.  In Spanish, there is no "Jr.", "Sr.," etc.  They are not needed since the mother’s surname is used to differentiate the different generations.  In English-speaking countries it is common to hyphenate the last name to reduce the confusion in the two different cultural uses of "last" names.

8.  The applicant has not provided any documentation showing he has legally dropped his mother's surname.

DISCUSSION AND CONCLUSIONS:

1.  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.  

2.  The applicant served his entire period of military service under the name of Oscar G____ R____.  However, the records utilize the English not Hispanic form of his full legal name.  His records should have utilized either a hyphenated version (G____–R____), continuous version (G____R____), or both surnames as his last name.

3.  It appears the applicant is attempting to anglicize his name to utilize his father's surname as his surname or last name and to drop his mother's surname from his legal name.  Without a legal court approved name change, such an action is improper.

4.  In order to maintain the integrity of the records, it would not be proper to afford the applicant’s requested relief by dropping his mother's surname from his legal name.  However, inasmuch as his records have been administratively incorrect from the very beginning by utilizing the English not Hispanic criteria for his name, it would be appropriate to add a statement in block 30 (Remarks) noting the applicant's legal name is Oscar (NMI) G____R____. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 an entry in block 30 (Remarks) of his DD Form 214 to show his legal name as Oscar (NMI) G_____R____.

2.  The Board further determined that 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 correcting his DD Form 214 to show his legal name as Oscar (NMI) G_____.



      _______ _   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)                                         AR20150004008



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ABCMR Record of Proceedings (cont)                                         AR20150004008



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