BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002502 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ____x____ _x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002502 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002502 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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his last name as Mar___-C___ instead of Mat___-C___. 2. The applicant states the incorrect name was entered on his discharge papers. 3. The applicant provides: * DD Form 214 * social security card * birth certificate 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 complete records are unavailable for review. The case is being processed using the documents provided by the applicant. 3. The applicant was inducted into the Army of the United States on 13 August 1953. 4. On 11 June 1955, he was honorably discharged. His DD Form 214 shows he completed 1 year, 10 months, and 2 days of creditable active military service and shows his last name as Mat___-C___. 5. He provided a copy of his social security card that shows his last name as C___-Mar___. He also provided a copy of his birth certificate issued on 27 April 1987 by the Commonwealth of Puerto Rico, Department of Health, Division of Demographic Registry, which shows: * his last name as Mar___ C___ * his father's last name as Mat___ * his mother's last name as C___ REFERENCES: 1. Special Regulation 615-360-1 (Enlisted Personnel – Separation of Enlisted Personnel), in effect at the time, provided procedures for the separation of enlisted personnel from active military service and the proper method of execution and distribution of various forms, records and reports. Instructions stated to ensure accuracy and economy in the preparation of the DD Form 214, a DD Form 214a (Worksheet) would be used as the basis for the final preparation of the DD Form 214. All available records regarding the period of service to be covered by the report of separation would be used as a basis for the preparation of the DD Form 214a (Worksheet). 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's records are unavailable for review. The ABCMR considers individual applications that are properly brought before it and decides cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 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 a change to those records. In this case, there is no evidence indicating the applicant served under a name other than that shown on his DD Form 214. 4. The applicant is advised that a copy of this decisional document will be filed in his military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded on his DD Form 214 and the name he now uses. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002502 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002502 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2