BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100007696 


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 last name in item 1 (Last Name - First Name - Middle Name) of his DD Form 214 (Report of Separation from the Armed Forces of the United States).  He also requests a copy of his DD Form 214 to show he enlisted in the Army in New York in July 1948 and he was discharged in Puerto Rico in October 1952.

2.  The applicant states his correct last name is C------ - R----, not C------.  He further states he needs a copy of his DD Form 214 for benefits.

3.  The applicant provides a copy of:

* a Department of Veterans Affair letter, dated 28 January 2009
* a Huertas Junior College transcript, dated 23 December 2009
* his Certification of Birth, issued on 15 January 2010

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’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.  

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 
7 October 1948.  He served as an infantryman in Korea and he was honorably discharged on 14 October 1952. 

4.  Item 1 of the applicant's DD Form 214 shows his last name is C------.  Item 48 (Signature of Person Being Separated) on his DD Form 214 shows a legible signature with C------ as the signed last name.

5.  In support of his claim, the applicant provided a birth certificate which shows his last name is C------ - R----.

6.  The applicant also provided a junior college transcript with his application; however, the name on this document reflects "N---- C------ L----," which is completely unrelated to the name he claims is his correct name.

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.  Although the applicant's records are not available for review, his reconstructed record contains a properly constituted DD Form 214.  This form shows, in item 1, 


his typed last name as C------.  Item 48 of his DD Form 214 also clearly shows he 
legally signed his last name as C------.  Therefore, it appears he appropriately served and was discharged under this last name of C------.

2.  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 the applicant desires to now record his correct last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct last name, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military record and to satisfy his desire to have his correct last name documented in his OMPF.

4.  The applicant further requests a copy of his DD Form 214 for the purpose of benefits.  Therefore, a copy of the applicant's DD Form 214 will be provided with these Proceedings.

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 that the overall merits of this case 


are insufficient as a basis for correction of the records of the individual concerned.



      _______________________
               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)                                         AR20100007696



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)