IN THE CASE OF:	  

		BOARD DATE:	    9 July 2014

		DOCKET NUMBER:  AR20130017331 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name spelled as Ferrara versus Ferraro.

2.  The applicant states his name was legally changed by the State of New Mexico and his birth certificate was amended.

3.  The applicant provides copies of his legal name change documentation, amended birth certificate, and amended marriage certificate.

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 entered active duty from the U.S. Army Reserve on 9 September 1957 under the last name Ferraro.  On 14 August 1959, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows his last name as Ferraro.

3.  All of his military service records show he served under the last name Ferraro.  The applicant signed his DD Form 214 using the last name Ferraro.

4.  There is no evidence in the available records showing he performed military service under the last name Ferrara.

5.  The applicant provided a legal change of name order from the District Court of the County of Bernalillo, New Mexico, showing his last name was changed from Ferraro to Ferrara effective 21 October 1980.

DISCUSSION AND CONCLUSIONS:

1.  The applicant used the last name Ferraro throughout his military service and this name is properly recorded on his DD Form 214.

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 that the applicant desires to record the name he now uses on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of his military records.

3.  The applicant is advised that a copy of this decisional document will be filed in his military records.  This should serve to clarify any questions or confusion regarding the difference between the name recorded on his DD Form 214 and the name he now uses.

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 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)                                         AR20130017331



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ABCMR Record of Proceedings (cont)                                         AR20130017331



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