IN THE CASE OF:	  

		BOARD DATE:	  2 August 2011

		DOCKET NUMBER:  AR20110002115 


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 DD Form 214 (Report of Separation from Active Duty) to remove the name "Crespo" from his last name.  

2.  The applicant states the name "Crespo" is his mother's maiden name and was erroneously hyphenated with his last name.   

3.  The applicant provides:

* Certificate of Birth, issued 1 October 2010
* Name Change Orders, dated 21 September 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 records show he enlisted in the Regular Army (RA) on 15 August 1952.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Record - United States) listed his full name as "Oxxxxn-Crespo, Lxxx Mxxxxx."

3.  He served through multiple reenlistments in the RA and in each case his full last name contained the word "Crespo" after a hyphen.  He authenticated his reenlistment contracts by placing his signature in the appropriate blocks using this last name.  

4.  His contemporaneous DA Form 20 (Enlisted Qualification Record) and DA Form 2-1 (Personnel Qualification Record) show the same last name as that shown on his enlistment and reenlistment records.  He reviewed these forms at a later date and authenticated them by placing his signature in the appropriate block using this full name.

5.  His records contain several personnel, medical, finance, and other service-related documents, including a DD Form 398 (Statement of Personal History), DA Form 873 (Certificate of Clearance and/or Security Determination), letters of appreciation, award and promotion orders, reassignment orders, request for retirement, and multiple DD Forms 214 that show the same last name as that shown on his enlistment and reenlistment records.  He authenticated several of these forms using this name.

6.  He was honorably retired on 31 July 1974 and placed on the retired list in his retired rank of sergeant first class on 1 August 1974.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows the same last name as that shown on his enlistment/reenlistment records.  He authenticated this form by placing his signature in item 29 (Signature of Person Being Separated) using this full name. 

7.  He provides a certificate of birth, issued on 1 October 2010 and a name change order, issued on 21 September 2010, both of which show his full name without the name "Crespo." 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows upon his enlistment and his subsequent reenlistments in the Army, the applicant listed his last name as "Oxxxxn-Crespo." This last name is consistent with the last name on several documents in his service record throughout his entire military service.  He authenticated several documents by placing his full signature in the appropriate block, indicating his last name was correct.  He did not use the requested name 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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  

3.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time, and there is insufficient evidence to grant him relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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)                                         AR20110002115





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ABCMR Record of Proceedings (cont)                                         AR20110002115



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