IN THE CASE OF:
BOARD DATE: 9 September 2008
DOCKET NUMBER: AR20080008574
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 record be corrected to show his correct name.
2. The applicant states, in effect, that he did not learn that his name was incorrectly listed on his birth certificate until he requested a copy of this official document prior to getting married. He indicates that he went to court to have his name correctly listed on his birth certificate and states that all of his civilian records now show his correct name; however his proof of this action was lost.
3. The applicant provides a copy of his Texas Drivers License, Birth Certificate, and Separation Document (DD Form 214) in support his application.
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 applicants 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 applicants 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 (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using a reconstructed NPRC file that includes his separation document (WD AGO Form 53-55) and a Final Payment Work Sheet (WD AGO Form 372A).
3. The applicants WD AGO Form 53-55 contains the name he now claims is in error. It also shows he was inducted into the Army of the United States on 27 June 1945, and that he continuously served until he was honorably discharged on 6 December 1946, for the convenience of the government.
4. The applicant's WD AGO Form 53-55 also shows he held military occupational specialty (MOS) 835 (Supply Clerk) and attained the rank of private first class (PFC). It further indicates he earned the World War II Victory Medal and that he completed a total of 1 year, 5 months, and 10 days of active military service. The applicant authenticated this document with his signature using the name that he now claims is in error in Item 56 (Signature of Person Being Separated) on the date of his separation.
5. The applicant's WD AGO Form 372A, which was prepared during his separation processing also list the name the applicant now claims is in error.
6. The applicant provides a partially legible birth certificate filed on 2 February 1927. This document lists the first name the applicant now claims is correct. The middle and last name reflected on this document are illegible and cannot be read.
7. War Department Technical Manual 12-235 (Discharge and Release From Active Duty) provided the policy for the preparation, issue, and distribution of separation documents at the time of the applicants separation. The guidance contained in this publication provided for entering the last name, first name and middle initial of the member as recorded in the Service Record.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the name listed throughout his military record is incorrect and should be changed has been carefully considered. However, there is insufficient evidence to support this claim.
2. The applicants military record was not available for review. However, the NPRC file does contain a properly constituted separation document that lists the name that the applicant now claim is incorrect. Further, the applicant authenticated this document using that same name that he now indicates is incorrect. His signature was his verification that the information, including his name, was correct at the time the document was prepared and issued. Based on his signature, it is clear that the applicants active duty service was performed under the name he now claims is in error.
3. For historical purposes, the Army has an interest in maintaining the integrity of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the name listed in the applicants remaining reconstructed military records should not be changed at this time.
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) AR20080008574
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