RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          20 October 2005
      DOCKET NUMBER:  AR20050003447


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his last name be changed and that the
suffix Junior (JR) be added to his military records.

2.  The applicant states he wants his military records corrected to show
his birth last name with the suffix “JR.”

3.  The applicant provides a copy of his birth certificate and WD AGO Form
53 (Enlisted Record and Report of Separation).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
8 October 1947.  The application submitted in this case is dated 24
February 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  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 the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant’s enlistment record shows his last name is T---- with no
suffix and his middle initial is “L.”  He enlisted on 20 March 1946, served
in the Mediterranean Theater of Operations from 6 June 1946 through 2
August 1947 and was honorably discharged on 8 October 1947.

5.  Item 1 (Last Name – First Name – Middle Initial) on the applicant’s WD
AGO Form 53 shows the last name T---- with no suffix and the middle initial
“L.”

6.  In support of his claim, the applicant provided a birth certificate
with the last name M---- with JR suffix and no middle name.

DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  The data and information contained in those
records should actually 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, this Board is reluctant to recommend that
those records be changed.

2.  Although the birth certificate provided by the applicant shows the last
name M---- with JR suffix and no middle name, it appears the applicant was
enlisted and discharged under the last name T---- with no suffix and middle
initial “L.”  While the Board understands the applicant's desire to have
the records changed, it finds no basis for compromising the integrity of
the Army's records.  This Board action will be filed in his military
records so a record of his birth last name will be on hand.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 8 October 1947; therefore, the time for the
applicant to file a request for correction of any error expired on 7
October 1950.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JM_____  JG______  JM______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            _John Meixell_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003447                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051020                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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