BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130011557
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 that his Army records be corrected to reflect his last name as Morillas.
2. The applicant states the Department of the Army incorrectly recorded his last name as Morales.
3. The applicant provides copies of his birth certificate, social security card, and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 was serving as a merchant marine seaman when he signed up for a voyage aboard the United States Army Transport ship William R. Gibson in San Francisco, California on 1 February 1945. His last name was recorded as Morales on all documents completed at the time.
3. On 11 May 1945, he was discharged at Canton Island.
4. The applicants DD Form 214 shows his last name as Morales and that he served 3 months and 11 days of active service with the Army Transportation Corps.
5. The birth certificate and other supporting documents provided by the applicant show his last name as Morillas.
6. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214 and it also provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. In the absence of official records other than those reviewed, it must be presumed that at the time his DD Form 214 was prepared it was properly prepared to reflect the last name he was serving under in accordance with the applicable regulation.
2. For historical purposes, the Army has an interest in maintaining the integrity 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 change his 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. Accordingly, there is no basis for granting the applicant's requested relief.
3. The applicant is advised that a copy of this decisional document will be filed in his official records. This should serve to clarify any questions or confusion regarding the difference in the last name recorded in his military record and to satisfy his desire to have last name documented in his official military records as it is listed on his birth certificate and social security card.
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) AR20130011557
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ABCMR Record of Proceedings (cont) AR20130011557
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