IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150011677 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150011677 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. IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150011677 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 (Report of Separation from Active Duty) to show his name as "Rxxxxx Axxxx" instead of "Rxxxxx Torres Axxxx." 2. The applicant states he goes by the name "Rxxxxx Axxxx" as listed on his birth certificate. The middle name "Torres" comes from his mother's last name and he would like it removed from his records now since his mother has passed away. 3. The applicant provides: * a letter * driver license * social security 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 enlisted in the Regular Army (RA) on 28 March 1973. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his name (Last – First – Middle) as "Axxxx Rxxxxx Torres." Additionally, when he affixed his signature to this form he signed his name as "Rxxxxx Torres Axxxx." 3. All of his military service records show his name spelled as "Rxxxxx Torres Axxxx" or identifying him with the middle initial "T." Additionally, all of the following forms show he affixed his signature indicating the data therein was correct and he spelled his own name using the middle name of "Torres" or the middle initial "T": * DD Form 398 (Statement of Personal History), dated 26 March 1973 * DA Form 20 (Enlisted Qualification Record), dated 3 September 1974 * DA Form 3082-R (Statement of Medical Condition), 17 November 1974 4. The Army discharged the applicant under honorable conditions on 18 November 1974. His record contains a DD Form 214 covering his period of service from 28 March 1973 to 18 November 1974, which lists his middle name as "Torres." 5. He provided a copy of his birth certificate and a current social security card, which lists no middle name. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. 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. It is important that information entered on the form is complete and accurate. DISCUSSION: 1. The evidence of record shows the applicant listed his middle name as "Torres" upon his enlistment in the RA. He did not request a name change or fail to use the middle name "Torres" or the initial "T" at any point during his period of military service. If fact, he signed all of the official documents in his record with the middle name "Torres" or middle initial "T." 2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time of records creation. The evidence does not show a material error or injustice occurred. Without the presence of such an error, there is a reluctance to recommend changing those records. However, it is understandable that he now desires to omit the middle name on his DD Form 214. A copy of this decisional document will be filed in the applicant's Official Military Personnel File. This should serve to clarify any questions or confusion regarding the difference in the middle name recorded in his military records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011677 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011677 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2