IN THE CASE OF:	  

		BOARD DATE:	  4 June 2009

		DOCKET NUMBER:  AR20090001242 


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 that his last name be corrected on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) from M___tz to M___z.

2.  The applicant states the misspelling was a typographical error.

3.  The applicant provides his driver’s license, his WD AGO Form 53-55, his Honorable Discharge Certificate, and his WD AGO Form 100 (Separation Qualification Record).  All of these documents (with the exception of his WD AGO Form 53-55) show his last name as M___z.

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 Board requested the applicant's military records from the repository in St. Louis, Missouri, but without success.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost in that fire.  However, there are sufficient records to make a fair, impartial and equitable determination in this case.

3.  The applicant entered active duty in an enlisted status on 14 July 1942 and served in the Ardennes, Rhineland and Central Europe Campaigns in the European-African-Middle Eastern Theater of Operations.

4.  He was honorably released from active duty on 31 December 1945.  The WD AGO Form 53-55 he was issued shows his last name as M___tz.

5.  In the processing of this case a Final Payment Work Sheet was located.  This work sheet shows the applicant's last name as M___z.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant's military records are not available for review, it is evident from the documents submitted by the applicant, along with his Final Payment Work Sheet, that the correct spelling of his last name is M___z.

2.  As such, it would be appropriate to now correct the applicant's last name on his WD AGO Form 53-55.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by correcting his WD AGO Form 53-55 to show his last name as M___z.




      _______ _   _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)                                         AR20090001242



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ABCMR Record of Proceedings (cont)                                         AR20090001242



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