RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 November 2006
DOCKET NUMBER: AR20060005021
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 |
| |Mr. Edmund P. Mercanti | |Analyst |
The following members, a quorum, were present:
| |Mr. James B. Gunlicks | |Chairperson |
| |Mr. Scott W. Faught | |Member |
| |Mr. Edward E. Montgomery | |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 first name be corrected from “Johnie”
to “Johnnie” and his social security account number (SSAN) be corrected.
He asks that once the correction is made the Defense Finance and Accounting
Service (DFAS) be directed to correct these items in his retired pay
account.
2. The applicant states that he discovered the error when he applied for
Combat Related Special Compensation (CRSC).
3. The applicant provides documents he lists on his request. One of these
documents is his birth certificate. This birth certificate shows that he
was born on 23 November 1924.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 15 June 1963, the day prior to his placement on the Retired
List. The application submitted in this case is dated 31 March 2006.
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 limitations 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 records show that he was inducted and entered active
duty on 7 January 1943. At the time of his induction his first name was
listed as “Johnnie” and his date of birth was listed as 23 November 1923.
However, all of the other documents from the applicant’s World War II
military records show his name as “Johnie.” A WD AGO Form No. 163,
Adjusted Service Rating Card, that the applicant filled out in conjunction
with his demobilization after the cessation of hostilities, has his first
name entered as “Johnnie.” In this document the applicant lined through
the second “n” in “Johnnie” which resulted in his first name being
corrected to “Johnie.” The applicant initialed the alteration of the form.
4. All of the applicant’s subsequent enlistment and separation documents
show his first name as “Johnie.”
5. The applicant was honorably released from active duty on 14 June 1963
for physical unfitness and placed on the Retired List the following day.
6. No document contained in the applicant’s records has an SSAN recorded.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the
accuracy of its records. The information contained in those records should
reflect the conditions and circumstances that existed at the time the
records were created.
2. In the absence of a showing of material error or injustice, those
records should not be changed.
3. In the applicant's case the records reflect that the applicant served
his entire military career under the name “Johnie.”
4. In addition, the birth certificate submitted by the applicant shows a
date of birth in 1924. All of the applicant’s records show that he was
born in 1923.
5. As for the applicant’s request to correct his SSAN, since there are no
records reflecting his SSAN, there is nothing to correct.
6. In view of the forgoing, there is no basis for granting the applicant's
request.
7. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 June 1963; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 14 June 1966. 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
__jbg____ ____swf_ ____eem_ 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.
_________James B. Gunlicks________
CHAIRPERSON
INDEX
|CASE ID |AR20060005021 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061102 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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