IN THE CASE OF: BOARD DATE: 28 January 2016 DOCKET NUMBER: AR20150007934 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), ending on 16 December 1986 to show his name as "Favian Paul M--" instead of "Paul Mendez M--." 2. The applicant states his mother's maiden name is "Mendez" and should not be part of his name. This prevents him from getting a loan. He was enrolled into school at age 5 under the name "Paul Mendez" and after graduation from high school, he entered the Army under the same name. He does not recall if the Army corrected his name when he joined but years later, it was changed to his legal name through the Texas Department of Safety and through the Social Security Administration. 3. The applicant provides: * DD Form 214 * Social Security Card * Texas Driver License * VA Card * Certificate of Birth 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 U.S. Army Reserve under the Delayed Entry program (DEP) on 20 January 1965. Item 1 (Name (Last-First-Middle)) of his DD Form 4 (Enlistment/Reenlistment Document) listed his full name as "Paul Mendez M--." He authenticated this contract with his signature using this name. 3. All allied documents associated with this enlistment also listed his full name as "Paul Mendez M--." An entry on his DD Form 1966/7 (Application for Enlistment) shows his name was verified by his recruiter via a birth certificate. 4. He was discharged from the DEP on 2 January 1984. He subsequently enlisted in the Regular Army (RA) on 3 January 1984. When he enlisted, he took an oath and confirmed his enlistment by signing his name as "Paul Mendez M--." 5. His DA Form 2-1 (Personnel Qualification Record), which was created upon his entry on active duty, listed his name as shown on his DD Form 4 and he signed this form after reviewing it using the same name. 6. Several documents in his service record show his full name as "Paul Mendez M--" and include: * Separation orders * SGLI Insurance Certificate * DA Form 428 (Application for Identification Card) * DD Form 93 (Record of Emergency Data) * DA Form 873 (Certificate of Clearance and/or Security Determination) * Award orders 7. He was honorably released from active duty on 16 December 1986. Item 1 (Name (Last, First, Middle)) of his DD Form 214 lists his full name as "Paul Mendez M---." He was unavailable to sign. 8. He enlisted in the Texas Army National Guard (TXARNG) on 17 May 1989. Item1 of his ARNG Enlistment Contract also listed his full name as "Paul Mendez M--." He authenticated this contract with his signature using this name. 9. All allied documents associated with his ARNG enlistment also listed his full name as "Paul Mendez M--." 10. He was separated from the TXARNG on 16 May 1992. His National Guard Bureau Form 22 (Report of Separation and Record of Service) listed his full name as "Paul Mendez M---." 11. He provides: a. A birth certificate, issued on 26 July 2011, that lists an individual with the full name "Favian Pablo M--." b. Social security card, driver license, and VA card listing the name "Favian Pablo M----" or "Favian P M---." 12. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows upon his enlistment in the DEP and in the RA, the applicant listed his name as "Paul Mendez Ma---." This full name is consistent with the full 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 name at any time during his military service. He then enlisted in the TXARNG and used the very same name. 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 name differently in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s 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. 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 names. 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) AR20150007934 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007934 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1