IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100027138
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 reflect his last name as "R____ C____" vice "C____ R____."
2. The applicant states his last name is incorrect in his military records and it is usual for [the Army] to interchange the two last names.
3. The applicant provides a birth certificate and General Services Administration Form 6954 (Certification of Military Service).
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 records show he was inducted into the Army of the United States on 26 March 1957. His induction record is not available for review with this case so it is unclear if he listed his last name as "C____ R____" or as "R____ C____."
4. He was honorably discharged from active duty on 10 September 1957 in the rank/grade of private/E-2. He completed 5 months and 16 days of active service.
5. He was issued a Certification of Military Service on 19 June 1975 wherein his last name is listed as "C____-R____."
6. The applicant provides a Certificate of Birth issued by the Puerto Rico Department of Heath on 4 August 2010 wherein his last name is listed as "R____ C____."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the Certification of Military Service issued to the applicant on 19 June 1975 lists his last name as "C____-R____." There is no evidence to show he used the last name of "R____ C____" during his military service.
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. 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. Therefore, in the absence of convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records were correct at the time and there is insufficient evidence to grant relief in this case.
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) AR20100027138
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ABCMR Record of Proceedings (cont) AR20100027138
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