RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 July 2007 DOCKET NUMBER: AR20070004520 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Mohammed R. Elhaj Analyst The following members, a quorum, were present: Ms. Jeanette R. McCants Chairperson Mr. Thomas M. Ray Member Mr. Jeffrey C. Redmann Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his military records be corrected to show the name J***s B****a instead of S******o B****a. 2. The applicant states that nobody knows him with the name on the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that all of his legal documents are under the requested name. 3. The applicant provides a copy of a State of New Mexico Certificate of Birth, the State of New Mexico Affidavit for Correction of Birth or Death Record, a copy of his DD Form 256A (Discharge Certificate), and a self-authored statement in support of this application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 16 May 1958, the date of his transfer to the United States Army Reserve. The application submitted in this case is dated 20 March 2007. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. Records show that the applicant enlisted in the Regular Army on 1 June 1955 for a period of three years. The DD Form 4 (Enlistment Record-Armed Forces of the United States) is not available for review. 4. There is no indication in any of the applicant's official military records that he served under the name J***s B****a. 5. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that the applicant was identified as S******o B****a and authenticated the form using the signature S******o B****a. 6. The applicant submitted a copy of his amended birth certificate which shows that his full name was corrected from J***s (S******o) B****a to J***s B****a on 21 July 1959. 7. Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component. It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file. DISCUSSION AND CONCLUSIONS: 1. The applicant requests that his military records be corrected to show he served his term of service under the name J***s B****a. 2. Evidence shows he was enlisted and served under the name S******o B****a. The applicant's amended birth certificate shows that his name was changed from J***s (S******o) B****a to J***s B****a on 21 July 1959; however, this document was not prepared until after his military service. Therefore, the Army records are consistent with the applicant's name at that time. 3. The Army has an interest in maintaining the accuracy 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. 4. In the absence of compelling information to the contrary, there is no basis for changing the records in this case. 5. A copy of this decisional document, along with his application, which confirms his birth name, will be filed in the applicant’s Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding the different names, and adequately document his name in his record for the purpose of entitlement to veterans' benefits. 6. Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 May 1958; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 14 May 1961. The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __jrm___ __tmr___ __jcr___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. Jeanette R. McCants ______________________ CHAIRPERSON INDEX CASE ID AR20070004520 SUFFIX RECON DATE BOARDED 20070731 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION (DENY) REVIEW AUTHORITY ISSUES 1. 110.0100 2. 3. 4. 5. 6.