BOARD DATE: 14 January 2015
DOCKET NUMBER: AR20140006099
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 (Certificate of Release or Discharge from Active Duty) to show his last name is correctly spelled as "MXXXXX-CINTRON" instead of "MXXXXX-CINTON."
2. The applicant states "MXXXXX-CINTRON" is his complete last name.
3. The applicant provides copies of the following:
* DD Form 214
* birth certificate
* social security card
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant's service records are not available for review with this case. However, there was sufficient documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. He provided copies of the following:
* DD Form 214 which lists in item 1 (Last Name, First Name, Middle Name) his name spelled as "MXXXXX-CINTON"
* State of Puerto Rico birth certificate, issued on 13 March 2012, which identifies an individual with the same first name of record as the applicant and last name spelled as "MXXXXX-CINTRON"; this individual was born on the same date as the applicant
* social security card which shows his last name is spelled as "MXXXXX-CINTRON"
4. Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. This regulation specified that item 3 (SSN) would show the SSN verified in the Soldier's records.
DISCUSSION AND CONCLUSIONS:
1. The applicant's enlistment record is not available for review. It is unknown what name he used when he enlisted. Absent convincing independent and verifiable evidence to the contrary, it is presumed that his DD Form 214 was correct at the time it was prepared. As a result, there is an insufficient evidentiary basis to grant him relief.
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 showing a material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable that he now desires to record the current spelling of his last name on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. A copy of this decisional document will be filed in his military records to clarify the difference between the current spelling of his last name and the spelling of the last name he used during his period of active service.
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) AR20140006099
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ABCMR Record of Proceedings (cont) AR20140006099
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