IN THE CASE OF:. 

		BOARD DATE:24 March 2015

		DOCKET NUMBER:  AR20140014208 


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, in effect, correction of his WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Discharge) to show the spelling of his last name and date of birth (DOB) as they are shown on his birth certificate.

2.  The applicant states the spelling of his last name and DOB are incorrect on his WD AGO Form 53.  He is applying for the Ohio Veterans Home in Sandusky, Ohio, and they will not accept his discharge document with the incorrect information.

3.  The applicant provides copies of his:

* War Department Form 372-A (Final Payment - Work Sheet)
* WD AGO Form 53 
* State of Michigan Certificate of Live Birth 
* social security card
* Ohio Driver's License
* Portage County Veterans Service Office letter, dated 7 August 2014

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 Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53 shows he enlisted in the Regular Army on 3 May 1946.

4.  He was honorably discharged on 30 September 1947.  Item 1 (Last Name - First Name - Middle Initial) of his WD AGO Form 53 shows the spelling of his last name as "Ma____" and item 10 (DOB) shows "X Feb XX."

5.  The available evidence contains a copy of his Enlistment or Induction Record, which show the spelling of his last name and DOB are listed as they are on his birth certificate.

6.  He provides a State of Michigan Certificate of Live Birth showing the spelling of his last name as "Mi____" and his DOB as "X July XXXX."

7.  War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, and Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In pertinent part, they state that the separation document is a synopsis of the Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant enlisted using the spelling of the last name and DOB as they are shown on his birth certificate.

2.  During the preparation of his WD AGO Form 53 an administrative error occurred resulting in the applicant's last name and DOB being incorrectly entered.  Therefore, this WD AGO Form 53 should be corrected to show his last name and DOB as they are listed on his birth certificate.

BOARD VOTE:

___x___  ____x____  ____x____  GRANT FULL RELIEF 

_______  _________  _________  GRANT PARTIAL RELIEF 

________  ________  _________  GRANT FORMAL HEARING

________  ________  _________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the last name and DOB shown on his WD AGO Form 53 and replacing them with the last name and DOB as they are shown on his birth certificate.



      ___________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)                                         AR20120018357



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ABCMR Record of Proceedings (cont)                                         AR20140014208



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