IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140014704
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 show his last name as "C-----N S-----O" instead of
"C-----N-N-----Z."
2. The applicant states his last name is incorrectly listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, driver's license, certificate of birth, and a Department of Veterans Affairs Enrollment Benefits and Admission Section Registration form.
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 enlisted in the U.S. Army Reserve (USAR) on 24 June 1976. Item 5 (Last Name - First Name - Middle Name) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) lists his last name as
"C-----N-N-----Z."
3. The applicant's records contain various personnel, finance, medical, and other documents that show the applicant's last name as "C-----N-N-----Z." Many of these forms are authenticated by the applicant using this name.
4. The applicant entered active duty training on 2 August 1976 and he was honorably released from active duty training on 5 December 1976. Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 he was issued shows the applicant's last name as "C-----N N-----Z."
5. The applicant provides a driver's license and certificate of birth from Puerto Rico which show his last name as "C-----N S-----O."
6. Army Regulation 635-5 (Separation Documents), then in effect, prescribed 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 service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon his enlistment in the USAR on 24 June 1976, the applicant listed his last name as "C-----N N-----Z." This name is consistent with the last name on every document in the applicant's service records.
2. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. The applicant provides insufficient evidence to support his contention. In the absence of compelling information to the contrary, there is no basis for changing the applicant's last name in this case.
3. A copy of this decisional document will be filed in the applicant's military records. This should serve to clarify any questions or confusion regarding the
spelling of his last name and adequately document the current spelling of his last name in these records.
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) AR20140014704
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ABCMR Record of Proceedings (cont) AR20140014704
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