BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160001580 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160001580 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the National Defense Service Medal. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show his first name as "Jose." ______________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: 10 August 2017 DOCKET NUMBER: AR20160001580 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 first name as "Jose" instead of "Joe" and to show he was awarded or authorized the National Defense Service Medal. 2. The applicant states his "nickname" was used instead of his legal name and he served during a period authorized the National Defense Service Medal. 3. The applicant provides copies of his DD Form 214 and birth 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 enlisted in the Texas Army National Guard (TXARNG) on 12 July 1960. His DD Form 4 (Enlistment Record – Armed Forces of the United States) show he listed his first name as "Joe." He was ordered to active duty for training on 15 October 1961. 3. The available documents in his record shows he listed his first name as "Joe." He authenticated these documents, when required by the form, attesting to the correctness of the spelling of his name. In each instance, his signature includes his first name spelled as "Joe." His records do not contain any documents that show his name as "Jose." 4. The applicant was honorably released from active duty and transferred back to the TXARNG on 9 August 1962. a. Item 1 (Last Name, First Name, Middle Name) on his DD Form 214 shows his first name as "Joe." His signature on his DD Form 214 includes his first name as "Joe." b. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not list the National Defense Service Medal. 5. The applicant provides a certified copy of his birth certificate from the City of Mercedes, State of Texas, which shows his first name as "Jose." REFERENCES: 1. 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 the 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 be complete and accurate. 2. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. DISCUSSION: 1. The applicant served on active duty during a qualifying period for award of the National Defense Service Medal. This award is not listed on his DD Form 214. 2. The evidence shows the applicant's DD Form 4 and all other available documents throughout his service, including all of the documents that he signed, reflect the spelling of his first name as "Joe." 3. It appears that the first name "Joe" was recorded as his correct name or as the name he preferred to use throughout his entire period of military service. 4. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must 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 at this late date. While it is understandable that the applicant now desires to record a different first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 5. The applicant is advised that a copy of this decisional document, which confirms the first name shown on his birth certificate, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and to satisfy his desire to have his birth name documented 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) AR20160001580 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001580 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2