BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160000022 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: 23 May 2017 DOCKET NUMBER: AR20160000022 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: 23 May 2017 DOCKET NUMBER: AR20160000022 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), for the period ending 28 May 1970, to show the spelling of his last name as "Chavez" instead of "Chavez-Fxxxxxxx." 2. The applicant states he experience a problem every time he shows his DD Form 214 with his driver license, due to the fact that the two forms show two different last names. He states his actual last name is "Chavez." 3. The applicant provides a copy of his DD Form 214 and a copy of his State of California Driver License. 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 on 1 June 1966. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows he identified his last name as "Chavez-Fxxxxxxx" when he enlisted. He authenticated his enlistment contract with his signature using the last name "Chavez-Fxxxxxxx." 3. The applicant's record contains the following documents that show his last name spelled as "Chavez." He authenticated these documents and others, when required by the form, attesting to the correctness of the spelling of his name. In each instance, his signature includes his last name spelled as "Chavez." * DD Form 98 (Armed Forces Security Clearance), dated 1 June 1966 * DD Form 398 (Statement of Personal History), dated 3 June 1966 * DA Form 3027 (US Army Request for National Agency Check), dated 6 June 1966 4. The applicant's record contains documents that show his last name as "Chavez-Fxxxxxxx." However, he authenticated these documents, when required by the form, with his signature using the last name "Chavez." 5. The applicant was honorably released from active duty on 28 May 1970. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his last name as "Chavez-Fxxxxxxx." He authenticated this form with his signature spelled using the last name "Chavez-Fxxxxxxx." 6. The applicant provides a copy of his State of California Driver License that shows his last name as "Chavez." REFERENCES: Army Regulation 635-5 (Separations Documents) at the time, 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. It states 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: 1. The applicant's record shows he preferred to use the last name "Chavez" on military documents, instead of spelling out his complete hyphenated last name of "Chavez-Fxxxxxxx" as it is shown on his enlistment contract and his DD Form 214, both of which he authenticated with his signature using the last name "Chavez-Fxxxxxxx." 3. 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. 4. There does not appear to be an error in the applicant's record, as it appears his DD Form 214 shows his last name as it is represented on numerous official documents within his record. A copy of this Record of Proceedings will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the difference in the last name recorded on his DD Form 214 and to satisfy his desire to have his preferred last name 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) AR20160000022 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000022 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2