BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160001780 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: 8 August 2017 DOCKET NUMBER: AR20160001780 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: 8 August 2017 DOCKET NUMBER: AR20160001780 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 19 December 1966, to show his first name as "Joseph," his middle name as "Angel," and his date of birth (DOB) as . 2. The applicant states he would like his name and DOB corrected. 3. The applicant provides two Certifications of Vital Record from the State of Texas, an application to amend his Certificate of Birth from the State of Texas, and an amended Certification of Vital Record from the State of Texas. 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 3 January 1964. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his first name as "Joe," does not show a middle name, and shows his DOB as . He authenticated this form with his signature. 3. The applicant was honorably released from active duty on 19 December 1966. His DD Form 214 shows his first name as "Joe," does not show a middle name, and shows his DOB as . 4. The applicant's available record shows he listed his first name as "Joe" throughout his period of active military service. There is no evidence he listed a middle name during this period. His record is void of any evidence that shows he listed "Joseph Angel" as his first and middle name, or that shows he listed his DOB as during his period of active military service. 5. The applicant provides: a. A County of Cameron, State of Texas Certification of Vital Record, issued on 6 May 2004, which shows his first name as "Jose" and DOB as 27 . b. A Department of State Health Services vital statistics unit Certification of Vital Record from the State of Texas, issued on 3 May 2012, which shows his first name as "Jose" and DOB as 27 . c. A State of Texas Application to Amend Certificate of Birth, issued on 10 July 2012, which shows he requested amendment of his birth certificate to show his first and middle name as "Joseph Angel." d. An amendment to his Certificate of Birth for the State of Texas, issued on 18 September 2012, which shows his DOB as and his first and middle name as "Joseph Angel." REFERENCES: Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military 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, reflective of the conditions as they existed at the time of separation. DISCUSSION: 1. The evidence shows the applicant listed his first name as "Joe" and his DOB as throughout his entire period of military service. He did not use a middle name throughout his period of 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. In the absence of a showing of material error or injustice, this Board is reluctant to recommend these records be changed. 3. A copy of this Record of Proceedings will be filed in the applicant's Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the difference in the name and DOB recorded in his military records and the name and DOB shown on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001780 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001780 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2