BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160001321 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: AR20160001321 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: AR20160001321 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 the Armed Forces of the United States) to show his last name last as A____-B_______ instead of A____-M_____. 2. The applicant states the last name listed on his DD Form 214 is incorrect. 3. The applicant provides: * Certificate of Birth from the Department of Health, Commonwealth of Puerto Rico, dated 15 May 2015 * social security card * U.S. passport * Department of Veterans Affairs (VA) Healthcare Identification (ID) 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 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 7 November 1951, the applicant was inducted into the Army of the United States. His DD Form 47 (Record of Induction), item 1 (Last Name – First Name – Middle Name) shows his last name as A____-M____. 3. On 17 September 1953, the applicant was honorably released from active duty and was transferred to the U.S. Army Reserve. He completed 1 year, 10 months, and 10 days of net active duty service. At the time of his separation, his last name was shown on his DD Form 214 as A____-M____. 4. All the documents contained in his military personnel file show his last name as A___-M____. 5. The applicant provides a copy of his social security card and his birth certificate, which list his last name as A___-B_______. His U.S. passport list his last name as A____, and his VA Healthcare ID card lists his last name as A___-M_____. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions, as they existed at the time of separation. DISCUSSION: 1. The applicant's DD Form 47, DD Form 214, and all other documents created during his military service reflect his last name as A___-M____. The applicant provides two documents that show his last name as A___-B_______. However, he also provides two other documents that show his last name as A____ and A____ M____. 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. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 3. The applicant is advised that a copy of this Record of Proceedings will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records 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) AR20160001321 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001321 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2