BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150015052 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 BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150015052 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. BOARD DATE: 17 November 2016 DOCKET NUMBER: AR20150015052 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 Separation or Discharge) to show his: * first name as Juan instead of John * his middle name as Jose instead of Joseph 2. The applicant states his DD Form 214 should reflect his birth name. He enlisted in the armed forces under the name John Joseph Alv— instead of his birth name. He wants to use his DD Form 214 as a legal document for Department of Veterans Affairs (VA) benefits. 3. The applicant provides: * DD Form 214 * Congressional correspondence * Letter from the National Personnel Records Center * VA card * Social security card * Permanent resident card * Notice of Appointment to replace alien registration card * Foreign document * Annual Active Duty for Training orders 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 underwent a pre-induction physical on 19 May 1966. His Standard Form 88 (Report of Medical Examination) listed his first name as John and his middle name as Joseph. 3. He was inducted into the Army of the United States on 12 July 1966. His DD Form 47 (Record of Induction) listed his first name as John and his middle name as Joseph. 4. On 12 July 1966, the Armed Forces Examining and Entrance Station, Denver, CO, published Special Orders Number 135 ordering him to active duty. These orders listed his first name as John and his middle initial as "J." 5. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty; his first name is listed as John and his middle name as Joseph. He signed this form using the first name as John and the middle initial as "J." 6. He completed a DD Form 398 (Statement of Personal History) and listed his first name as John and his middle name as Joseph. He also stated he has an alias or nickname as "Joe." He authenticated this form with his signature using the first name John and the middle initial "J." 7. His records contain multiple documents that listed his first name as John and his middle name as Joseph or his middle initial as "J." He authenticated some of the following documents with his signature using the first name as John and the middle name as Joseph or middle initial as "J." * Record of Emergency Data * Separation Physical * Award and promotion orders * Request for and Results of Personnel Security Action * Individual Clothing Record * Application for Identification Card 8. He was honorably released from active duty on 6 July 1968 and he was assigned to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 9. Item 1 (Last Name-First Name-Middle Name) of his DD Form 214 listed his first name as John and his middle name as Joseph. He authenticated this form with his signature using the first name as John and the middle initial as "J." 10. He provides: * VA Card that lists his first name as John and his middle initial as "J" * Social security card that lists his first name as Juan and his middle name as Jose * Permanent Resident Card that lists his first name as Juan and his middle initial as "J" * An appointment notice to replace an alien registration card addressed to Juan J. * A document written in a foreign language with a hand-written entry in English that states “Birth Certificate” * Congressional correspondence * U.S. Army Reserve orders ordering him to annul training and listing his name as John J. REFERENCE: Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that 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: 1. The evidence of record shows the applicant used the first name John and the middle name Joseph when he was first inducted into the Army of the United States. These first and middle names are consistent with the first and middle names on all official military records throughout his period of active military service. He authenticated several documents that contain these names. He did not use the first and middle names he currently requests at any time during his active military service. 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. 3. Absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time at the time they were created. 4. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file (OMPF). If the Board determines that relief is not warranted in this case, filing this document in his record should serve to clarify any questions or confusion in regard to the difference in the first and middle names recorded in his military record and to satisfy his desire to have his current first and middle names documented in his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015052 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015052 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2