IN THE CASE OF: BOARD DATE: 1 August 2013 DOCKET NUMBER: AR20120022430 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 records to show his correct name. 2. The applicant states his birth name is "S-------- S-------." Upon being confirmed as a Catholic, he was given the name "S-------- F. S-------." a. At the time of his enlistment in the Army he was asked if he had a middle initial. He answered in the affirmative and the middle initial "F" was included as part of his enlistment contract. b. He never complained about the error during his military service. He is now trying to put his personal affairs in order. 3. The applicant provides: * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 26 November 2012 * Certification of Birth issued on 22 May 2012 * Certificate of Baptism, dated 13 April 1944 * Certificate of Marriage, dated 27 September 1947 * Social Security card * Medicare Health Insurance card * Two Voter Information cards * U.S. Passport, issued on 4 March 2003 * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) 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 service records are not available to the Board 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 are sufficient records available in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant was born on 22 May 1926. 4. A WD Form 372A (Final Payment - Work Sheet), dated 5 July 1946, shows the applicant's name was imprinted on the form as "S-------, S-------- F." The applicant signed the form and his signature includes the middle initial "F." 5. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 23 September 1944 and he was honorably discharged on 8 July 1946. This form shows in: * item 1 (Last Name - First Name - Middle Initial) the entry "S------- S-------- F." * item 56 (Signature of Person Being Separated) he signed the form that includes the middle initial "F" 6. A Veteran Identification Data sheet, dated 3 March 2004, shows the applicant's name as "S-------, S-------- F." 7. The applicant provides: a. A City of New York, Vital Records Certificate, Certification of Birth, issued on 22 May 2012, that shows his name as "S-------- S-------"; b. An Our Lady of the Rosary of Pompei, Certificate of Baptism, dated 13 April 1944, that shows his name as "S-------- S-------;" c. A Church of Mary Help of Christians, Certificate of Marriage, dated 27 September 1947, that shows his name as "S-------- S-------;" and d. A Social Security, Medicare Health Insurance, and Voter Information cards and his U.S. Passport that show his name as "S-------- S-------" and that the applicant signed the documents with the signature "S-------." 8. War Department Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provides uniform procedures for discharging or releasing personnel from active duty. The instructions for completing the WD AGO Form 53-55 state that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the name recorded in his military service record should be corrected because it does not correspond with his name as recorded on his birth certificate, Social Security card, and other official records. 2. The applicant's Certification of Birth, Social Security card, and the other civilian records he provides show his name as "S-------- S-------." 3. The evidence of record shows that upon entry in the U.S. Army the applicant reported that (based on his religion) his preferred name was "S-------- F. S-------." Thus, the applicant chose to use the middle initial "F" during his military service. 4. The applicant's military service record clearly shows his preferred name (i.e., with the middle initial "F") and he signed several documents during his military service with his signature that included the middle initial "F." In addition, the applicant's preferred name was consistently recorded in his official military service records, including his WD AGO Form 53-55, when he was discharged from active duty. 5. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documents provided by the applicant offer insufficient evidence to warrant a change to the name in his official military service records. 6. 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 that those records be changed. While it is understandable the applicant desires to now record his correct name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 7. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief. 8. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his correct name documented in his AMHRR. 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) AR20120022430 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120022430 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1