IN THE CASE OF: 

		BOARD DATE: 29 September 2021

		DOCKET NUMBER: AR20210011139


APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from 
Active Duty) for the period ending 12 December 1978 to show his name as shown on 
his current identification cards.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	Department of Veterans Affairs Identification Card
*	Social Security Card
*	Driver's License
*	Medicare Health Insurance Identification Card

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, 
U.S. Code, section 1552(b); however, the Army Board for Correction of Military Record 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states the record is not in error or unjust. His father named him after 
himself, but he never used that first name. He was born in California so he assumed his 
American name. He considers himself American, not Mexican.

3.  On 16 January 1976, the applicant enlisted in the Regular Army. Item 1 (Name – 
Last, First, Middle, Jr., Sr., etc.) of his DD Form 4 (Enlistment or Reenlistment 
Agreement – Armed Forces of the United States) shows the spelling of his first name as 
Exxxxxx.

4.  Item 1 (Name) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows 
spelling of his first name as Exxxxxx.

5.  On 12 December 1978, he was honorably released from active duty. Item 1 (Last 
Name – First Name – Middle Name) of his DD Form 214 shows spelling of his first 
name as Exxxxxx.

6.  He provided copies of his Department of Veterans Affairs Identification Card, social 
security card, driver's license, and Medicare Health Insurance Identification Card 
showing the spelling of his first name as Exxxxx.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
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. The applicant used the 
first name Eugenio throughout his military service. He did not use the first name 
Eugene. However, the Board noted that it is possible an administrative error may have 
been committed when his first name was entered into military channels. Because there 
is no harm to the Army or the applicant and because he provided a substantial number 
of documents showing his first name as Eugene instead of Eugenio, Board member 
voted to grant relief. This correction is limited to his DD Form 214. 



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

XX:	XX:	XX:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for 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 for the period ending 12 December 1978 by showing the name listed on his birth 
certificate.

	 
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.



REFERENCES:

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 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.

2.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents prepared for individuals upon retirement, discharge, or release 
from active military service. The specific instructions for item 1 stated to enter the 
member's name in all capital letters in the order shown. Include abbreviations for junior, 
senior, and second, when appropriate.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210011139


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1