IN THE CASE OF: BOARD DATE: 27 September 2023 DOCKET NUMBER: AR20230001623 APPLICANT REQUESTS: in effect, * correction to Item 1 (Last Name-First Name-Middle Name) of his DD Form 214, Report of Separation from the Armed Forces of the United States, to show his name as “RFC” versus “FRC” (contested name) * correction of his DD Form 214 to show he served with the 65th Infantry Regiment “Borinqueneers” * appearance before the Board via video or telephone APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149, Application for Correction of Military Record * Sworn Declaration (Declaracion Jurada) in Spanish * Certificate of Birth * Photographs * Travel Orders * 6th Infantry Regiment Temporary Promotion Orders Number 18 * Standard Form Number 1034a-Revised, Public Voucher for Purchases and Services other than Personal * DD Form 214 * Certification of Military Service * Certificate of Service-Armed Forces of the United States 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 Records (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, in effect, the name listed on his DD Form 214 is not the name listed on his birth certificate. 3. The applicant’s records is void of an enlistment contract; however, the record contains a Certification of Military Service, 23 October 1992, which shows he served in the Army of the United States from 11 April 1951 until 12 January 1953. This form lists the contested name. 4. His record contains two DD Forms 214, both of which list the contested name. 5. His DD Form 214 for the period 11 April 1951 to 12 January 1953 appears to show in Item 29 (Most Significant Duty Assignment) Headquarters Company, 65th Infantry Regiment. 6. The applicant provides: a. Several photographs of a man in uniform and a photograph of Soldiers sitting behind what appears to be the 65th Infantry Guidon. b. Military orders, and a service card which show the contested name. c. A sworn statement written in Spanish, 28 October 2005. This document when translated states, in effect, that his correct name as registered at birth was RF (first name, middle name) and his last name is C, because he only uses his mother’s last name. The error or omission at the time he reported the birth of his children shows variations of “FR, and FRC.” All variations of his name as identified in the declaration are the same person. d. A copy of his certificate of birth, issued on 13 April 2011, which lists the name “RFG.” 7. Regulatory guidance directs that 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. 8. 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. 9. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 10. The registration and affiliation process for the 65th Infantry Borinqueneers requires proof of assignment such as a DD Form 214, DA Form 20, or military orders. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicants petition and available military records the Board found the applicant’s DD Form 214 currently show he served with the 65th Infantry Regiment. However, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested name during his entire period of service. The Board agreed the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. Based on this the Board denied relief. 2. 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 evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 3. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, 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 legal name documented in his military records as shown on his certificate of live birth. 4. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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. Special Regulation 615-360-1, Enlisted Personnel, in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and describe the proper method of execution and disposition of the various forms, records, and reports required. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. 3. AR 15-185, ABCMR, prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 4. There are numerous organization that offer registration in Puerto Rico’s Borinqueneers to include the National Museum-United States Army. Former members of the 65th Infantry may also register their affiliation by using the 65th Infantry Census Form at https://borinqueneers.com/news-press/printed-newsletters/. The registration and affiliation process for the 65th Infantry Borinqueneers requires proof of assignment such as a DD Form 214, DA Form 20, or military orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001623 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1