IN THE CASE OF: BOARD DATE: 23 January 2018 DOCKET NUMBER: AR20160007742 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 IN THE CASE OF: BOARD DATE: 23 January 2018 DOCKET NUMBER: AR20160007742 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. IN THE CASE OF: BOARD DATE: 23 January 2018 DOCKET NUMBER: AR20160007742 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 her DD Form 214 (Report of Separation from Active Duty) to show her last name as "NIEVES" instead of "MARTINEZ." She further requests the Army Commendation Medal (ARCOM) be added to her DD Form 214. 2. The applicant states her last name should be changed back to her maiden name due to divorce in 1979. She further states she received the ARCOM on 26 December 1978. 3. The applicant provides: * DD Form 214 * ARCOM certificate * 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 enlisted in the U.S. Army Reserve (USAR) on 13 August 1975. Item 1 (NAME (Last, First, Middle, Jr., Sr., etc.)) of the applicant's DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows the applicant's last name as "NIEVES." 3. On 3 March 1976, the applicant entered active duty in the Regular Army. 4. The applicant married Specialist Four F________ J. Martinez on 3 June 1977. On 10 June 1977, the applicant requested her last name be changed to "MARTINEZ" via a DA Form 4187 (Personnel Action). 5. A DA Form 2-1 (Personnel Qualification Record) filed in the applicant’s military record shows in item 9 (Awards, Decorations & Campaigns) the Army Good Conduct Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 6. The entry of the Army Good Conduct Medal is supported by Permanent Orders 3-9 issued by the U.S. Army Regional Personnel Center Giessen (Germany) on 18 January 1979. This order authorized her the first award of the Army Good Conduct Medal. 7. Her record does not contain orders announcing award of the ARCOM. 8. The applicant was honorably discharged on 3 March 1979. Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 she was issued shows her last name as "MARTINEZ." She also signed this document using this last name. Her DD Form 214 does not show her maiden name as another name of record. 9. The DD Form 214 she was issued upon her discharge does not show award of the ARCOM. Her DD Form 214 shows she was awarded or authorized the Army Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 10. The applicant provides no documentation showing a divorce or when it may have taken place. In her application to the Board, she claims the date of discovery for this issue was 1979. She does not specify a date in 1979. 11. The applicant provides a copy a certificate showing she was presented an ARCOM for meritorious service for the period August 1977 to January 1979 during which she performed personnel administrative duties in a regional personnel center. The certificate shows it was signed by the Commanding General, V Corps. She did not provide an ARCOM order that normally accompanies the ceremonial certificate. REFERENCES: 1. 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. 2. Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 contains guidance on the burden of proof. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The DD Form 214 is meant to reflect what is accurate at the time of separation. Although the applicant provides no evidence of a divorce, she states it occurred in 1979; however, she does not specify what month and day in 1979 the divorce may have occurred. 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. Absent convincing independent and verifiable evidence to the contrary, it must be presumed that the applicant's last name at the time of her discharge was her married last name of "MARTINEZ." Her DD Form 214 does not show her maiden name as another name of record in the remarks section. 3. It is understandable that she desires to now record her current last name; however, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. 4. With regard to award of the ARCOM, the governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations (which include the ARCOM). The Board must determine if a copy of the ARCOM award certificate is sufficient evidence to support correcting her record. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007742 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007742 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2