PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 22 April 1999 
	DOCKET NUMBER:        AC98-08125
                                                    AR1999024966

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright 		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Thomas A. Pagan		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his name and date of birth as shown on his
DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected.

3.  The applicant states, in effect, that his name and date of birth is incorrect on his DD Form 214.  In support of his application he submits a copy of his DD Form 214, a copy of his passport and a copy of his birth certificate.

4.  The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 19 January 1953 
and was honorably discharged on 4 December 1954.  

5.  The applicant’s DD Form 214 shows his name as “MARIANO NAZARIO” and his date of birth as 5 August 1932.  

6.  The birth certificate submitted with his application shows his name as “MARIANO NAZARIO GARCIA” and his date of birth as 9 June 1933. There is no evidence to show that his name was changed through civil court action or the circumstances surrounding his name change.

7.  On 9 June 1998, the applicant was notified by letter that an official certified true copy of his birth certificate with a raised seal explaining the correlation of his date of birth and his actual name change or the circumstances surrounding his name change and date of birth was needed in order further process his request.
The letter also stated that if the applicant had his name changed through civil court, a certified true copy of an official court order changing his name would be needed.  

CONCLUSIONS:

1.  The applicant provided evidence to show his name as Mariano Nazario Garcia instead of Mariano Nazario.  However, he has not provided evidence to show that his name was legally changed or any other basis for his name being changed.  Therefore, there is no basis for changing his name as currently shown on his military records.

2.  In the absence of any legal basis, the Board is reluctant to change his name on his official records until such time as it can determine that an error does in fact exist.

3.  Evidence of record shows that his correct date of birth is 9 June 1933 instead of 5 August 1932.  Therefore, he is entitled to correction of his records to show 9 June 1933 as his correct date of birth.
4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing in item 10 of his DD Form 214 that his date of birth
is 9 June 1933.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC9808125//AR1999024966	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990422	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19541204	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT/DENY	
REVIEW AUTHORITY		
ISSUES         1.100		
2.		
3.		
4.		
5.		
6.