RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           3 November 2005
      DOCKET NUMBER:  AR20050005209


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas Howard                 |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 WD AGO Form 53-55 (Enlisted Record and
Report of Separation) be corrected to show the correct spelling of his last
name.

2.  The applicant states his last name is Guecia, not Garcia.

3.  The applicant provides a copy of his WD AGO Form 53-55; a Social
Security card; and a Florida driver license.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 January 1946.  The application submitted in this case is dated 31 March
2005.

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 limitation 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.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant was inducted on 10 September 1942 and entered active duty
on 24 September 1942.  He served in the European Theater of Operations from
7 September 1944 through 17 December 1945 and was honorably discharged on 5
January 1946.

5.  Item 1 on the applicant’s WD AGO Form 53-55 shows the last name Garcia.
 Item 56 (Signature of Person Being Separated) on his WD AGO Form 53-55
shows a legible signature and Garcia is the last name.

6.  In support of his claim, the applicant provided a copy of his Social
Security card and Florida driver license which show his last name is
Guecia.


7.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part it states that the DD
Form 214 is a synopsis of the Soldier's most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  The data and information contained in those
records should actually 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 that
those records be changed.

2.  Although the applicant’s Social Security card and his Florida driver
license show the last name Guecia, the applicant authenticated his WD AGO
Form 53-55 on 5 January 1946 with the last name Garcia.  It appears he
appropriately served on and was released from active duty under the last
name Garcia.  While the Board understands the applicant's desire to have
the records changed, it finds no basis for compromising the integrity of
the Army's records, in particular, the applicant’s WD AGO Form 53-55.  This
Board action will be filed in the applicant's military records so a record
of the correct spelling of his last name will be on hand.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 January 1946; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
1 January 1950 (3 years after the Board was established on 2 January 1947).

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

TH______  JI______  CD______  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.




            __Thomas Howard_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005209                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051103                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]