IN THE CASE OF:	  

		BOARD DATE:	    15 November 2011

		DOCKET NUMBER:  AR20110010690 


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 records to show his name as J____ H____ C____ as it appears on his birth certificate.

2.  The applicant states the records do not show his complete name or his name as it appears on his birth certificate.

3.  The applicant provides copies of a DD Form 214 (Certificate of Release or Discharge from Active Duty), a Haitian birth certificate written in French, two Honorable Discharge Certificates, and a diploma written in Spanish.

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 and served in the Regular Army from 19 October 1976 through 15 October 1979 under the name H____ C____.

3.  The applicant's initial National Agency Check Request shows the name H____ (NMI [no middle initial]) C____ and his initial identification card shows the name H____ J. C____.

4.  A 22 October 1992 U.S. Army Reserve enlistment document shows the name H____ C____.

5.  All available military documents containing the applicant's signature show the name H____ C____.

6.  His DD Form 214 and first discharge certificate show the name H____ C____.  The second discharge certificate shows the name H____ J____ C____.  Item 5 (Date of Birth) of his DD Form 214 shows 17 February 1957.

7.  The birth certificate written in French provided by the applicant shows the name J____ H____ C____ with a birth year of 1957.  The full date is not legible.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his records to show his name as J____ H____ C____ as it appears on his birth certificate.

2.  At no time during the applicant's periods of service did he use the name as shown on his birth certificate.

3.  For historical purposes, the Army has an interest in maintaining the accuracy 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.  While it is understandable that the applicant desires to now record his current name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ___X____  DENY APPLICATION

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.

ABCMR Record of Proceedings (cont)                                         AR20110010690



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010690



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1