IN THE CASE OF:	

		BOARD DATE:	    23 January 2014

		DOCKET NUMBER:  AR20130008923 


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) for the period ending 6 April 1976 to show his complete last name as "Quinones-M----a."

2.  The applicant states his last name was incorrectly documented due to a lack of understanding/English as a second language.  The last name on his DD Form 214 differs from his state documents and should reflect the same as on his Certificate of Birth.

3.  The applicant provides:

* his DD Form 214 for the period ending 6 April 1976
* Government of Puerto Rico Department of Health Certificate of Birth issued on 8 July 2010
* Certificate of Marriage Registration, issued on 6 March 1986

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.  On 25 June 1960, the applicant was inducted into the Army of the United States.  He was honorably released from active duty on 19 June 1962 as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows his last name as "M----a."

3.  On 25 September 1975, the applicant enlisted in the USAR for a period of
6 years.  His record contains a DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States) that shows his last name as "M----a."  He also signed this document in several places with the last name as "M----a."

4.  On 23 December 1975, the applicant enlisted in the Regular Army.  The DD Form 4 of record for this enlistment shows his last name as "M----a."

5.  On 6 April 1976, he was honorably discharged.  His DD Form 214 for this period of service shows his last name as "M----a" and he signed his DD Form 214 with the same last name.

6.  Review of the applicant's Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File (OMPF)) reflects his last name as "M----a" throughout his record.  There are no documents in his AMHRR that include "Quinones" as part of his last name.

7.  He provides a copy of a Certificate of Marriage Registration that shows his name as that shown in his military records.

8.  He provides a copy of a Department of Health Certificate of Birth that shows "Quinones" as part of his last name.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance; ensure all information on the DD Form 214 and other separation documents is accurate.

DISCUSSION AND CONCLUSIONS:

1.  His record shows that during his military service, he was inducted into the Army of the United States, enlisted in the USAR, and enlisted in the RA.  Each time he served under the last name as "M----a."

2.  In the absence of compelling information to the contrary, there is an insufficient basis for changing his records to include "Quinones" as part of his last name.  The evidence of record shows he appropriately served on active and inactive duty under the same last name he provided upon his induction into the Army.

3.  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 full 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.

4.  The applicant is advised that a copy of this decisional document will be filed in his AMHRR.  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 full last name documented in his AMHRR.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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.



      ____________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)                                         AR20130008923



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ABCMR Record of Proceedings (cont)                                         AR20130008923



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