RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 August 2005 DOCKET NUMBER: AR20050001119 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. Carl W. S. Chun Director Ms. Wanda L. Waller Analyst The following members, a quorum, were present: Mr. John Slone Chairperson Ms. Deborah Jacobs Member Mr. Michael Flynn Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his military records be corrected to show his first name as Victor and his middle name as Jose. 2. The applicant does not provide an explanation. 3. The applicant provides a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); a Retirement Credits Record; a driver’s license; a Social Security card; and copy of his birth certificate. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 26 October 1962. The application submitted in this case is dated 7 January 2005. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant enlisted in the Puerto Rico Army National Guard on 2 October 1961 for a period of 3 years. He was ordered to active duty on 25 June 1962 for training and was released from active duty on 29 August 1962. On 26 October 1962, the applicant was discharged from the Puerto Rico Army National Guard. 4. Item 1 (Last Name – First Name – Middle Name) on the applicant’s DD Form 214 (Report of Transfer or Discharge) shows his first name as Jose. There is no entry for a middle name. Item 1 (Name) of the NGB Form 22 shows his first name is Jose. 5. The applicant’s DD Form 4 (Enlistment Record) and his service personnel records show his first name as Jose. There are no entries for a middle name. 6. The applicant provided a birth certificate which shows his first name as Victor and his middle name as Jose. He also provided a driver’s license and Social Security card which shows his first name as Victor and a middle initial of “J.” 7. Army Regulation 635-5 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. In pertinent part it states that 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. DISCUSSION AND CONCLUSIONS: 1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed. 2. Although the birth certificate provided by the applicant shows the first and middle names Victor Jose, it appears the applicant appropriately served on and was released from active duty and from the Army National Guard under the first name Jose with no middle name. While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records. This Board action will be filed in his military records so a record of his birth first and middle names will be on hand. 3. Records show the applicant should have discovered the alleged error now under consideration on 26 October 1962; therefore, the time for the applicant to file a request for correction of any error expired on 25 October 1965. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING JS______ DJ_____ MF______ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. __John Slone____________ CHAIRPERSON INDEX CASE ID AR20050001119 SUFFIX RECON DATE BOARDED 20050811 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 100.0100 2. 3. 4. 5. 6.