IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080006742 


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, that his first name be change from "Jimmie" to "James." 

2.  The applicant states, in effect, that he was born with his first name being "James," but because of a typographical error it says "Jimmie."  He adds that when his lap top was stolen, he noticed that the DD Form 214 (sic WD AGO Form 53-55 [Enlisted Record and Report of Separation]) had his first name wrong.  He was trying to protect his records.

3.  The applicant provides a copy of his WD AGO Form 53-55, a copy of his Certificate and Record of Birth, dated 17 April 27, a copy of his Certification of Birth, dated 10 September 2007, and a copy of his Selective Service System Notice of Classification, dated 1 May 1951, in support of his request.

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 were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted and entered active duty on 7 June 1945.  He was trained in military occupational specialty (MOS) 345 as a light truck driver.  He was honorably separated on 11 November 1946.

3.  Item 1 (Last Name - First Name - Middle Initial), of his WD AGO Form 53-55, shows his first name as "Jimmie."

4.  A review of the applicant’s records shows that he used the first names of "Jimmie," "Jimmy," and "James" and signed his first name as "Jimmie," "Jimmy," and "James" on several source documents. 

5.  The applicant's signature was affixed to item 56 (Signature of Member being Separated), of his WD AGO Form 53-55, utilizing the first name of "Jimmie."

6.  The applicant provided a copy of his Certificate and Record of Birth, issued by the State of New York, dated 17 April 1927, which shows his first name as "Jimmie" which is lined through and the first name "James" which was written in above the lined through name.  An annotation was made in the upper portion of this certificate which states "Changed Approved by Comm'r (Commissioner) of Health."  A date was entered adjacent to this annotation that shows the change was approved on 25 September 1985 – a date nearly 39 years after he was separated from the Army.

7.  The applicant provided a copy of his Certification of Birth, issued by the City of New York, dated 10 September 2007, which shows his first name as "James."  This document was issued approximately 60 years later, after his separation from active duty.

8.  The applicant provided a copy of his Selective Service System Notice of Classification, dated 1 May 1951, which shows his first name as "James." 

9.  There is no evidence in the applicant's service personnel records to show he applied for a legal name change, of his first name, while he served on active duty. 




DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted and entered active duty on 7 June 1945 under the first name of "Jimmie" as opposed to "James."  In reviewing the available source documents, the applicant appropriately served on, and was separated from active duty, on 11 November 1946, under the first name he provided upon his entry onto active duty, "Jimmie."

2.  It is noted that a review of the applicant's available records show he used the first names of "Jimmie," "Jimmy," and James" and signed his first name as "Jimmie," Jimmy," and "James" on several source documents.  His realization that his correct first name was not used by the Army did not come about until later after he had been honorably separated from active duty.

3.  There is no evidence that he attempted to change his first name while he served on active duty.  

4.  There is no evidence, and the applicant has provided none, which would indicate that an injustice will occur if his first name is not changed as requested by him.

5.  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.

6.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The data 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, the Board is reluctant to recommend that those records be changed.

7.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created and under which the applicant served.

8.  The applicant's Certificate and Record of Birth, issued by the State of New York, dated 17 April 1927, and his Certification of Birth, issued by the City of New York, dated 10 September 2007, will be filed in his military records and will remain on hand for review by those having an official need to know.

9.  In view of the foregoing, there is no basis for granting the applicant's request.


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)                                         AR20080006742



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080006742



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1