BOARD DATE:	  30 September 2010

		DOCKET NUMBER:  AR20100011037 


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 the spelling of his last name be changed from "U____" to "UY____."

2.  The applicant states he went through school thinking his name was spelled without the "Y" until he looked at his birth certificate.

3.  The applicant provides a copy of his WD AGO Form 55 (Honorable Discharge Certificate), enlisted record, and 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 military records are not available to the Army Board for Correction of Military Records (ABCMR) for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the ABCMR to conduct a fair and impartial review of this case.

3.  Records available to the Board show the applicant was inducted into the Army of the United States on 25 March 1941.  He was honorably discharged on 30 April 1943.

4.  The applicant's enlisted record and his Honorable Discharge Certificate show the spelling of his last name as "U____."

5.  The applicant provided a copy of his birth certificate verifying the spelling of his last name at birth as "UY____."

6.  Documents contained in the applicant's reconstructed file, such as his hospital admissions and discharge records, show the spelling of his last name as "U____."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's available military records show he served in the Army for more than 2 years under the spelling of his last name as "U____."  These documents include his enlisted record and hospital admissions and discharge documents.  
It appears he enlisted and served with the spelling of his name as "U___."

2.  The Army has an obligation to maintain records as they were constituted at the time of creation for historical purposes.  The fact that the applicant is now submitting a birth certificate showing a different spelling is not sufficient justification to change his military records as they were originally constituted.  However, the applicant should be aware that a copy of this Record of Proceedings will be included in his official military personnel file to show he now spells his last name as "UY____" vice "U____."

3.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant failed to submit evidence that would satisfy that requirement.


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)                                         AR20100011037



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100011037



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1