IN THE CASE OF:	  

		BOARD DATE:	  25 September 2008

		DOCKET NUMBER:  AR20080012187 


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 first name.

2.  The applicant states, in effect, that a different first name from his legal birth name was given at the time of his enlistment.  He indicates that as a veteran he is entitled to burial at a military cemetery and that there will be a difference in the names shown on his death certificate and military record.

3.  The applicant provides a copy of his honorable discharge certificate in support of 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 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 (NPRC) in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the reconstructed NPRC file which primarily consists of the applicant’s separation document 
(WD AGO Form 53-55).

3.  The applicant’s WD AGO Form 53-55 contains the first name he now claims is in error in Item 1 (Name).  It shows he was inducted into the Army of the United States on 19 November 1942 and entered active service on 19 November 1942.  It also shows that he served in the European Theater of Operations (ETO) from
9 November 1944 to 20 January 1946.

4.  The applicant's WD AGO Form 53-55 also confirms that he was honorably discharged on 3 February 1946, after completing a total of 3 years, 2 months, and 2 days of active military service.  The applicant authenticated the separation document with his signature, using the first name he now claims is in error, in Item 56 (Signature of Person Being Separated) on the date of his discharge.  

5.  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 applicant’s 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 applicant’s contention that the first name listed on his separation document is in error and should be changed has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  The applicant’s military record was not available for review.  However, the NPRC File contained a properly constituted separation document that lists the first name the applicant he now claims is incorrect.  Further, the applicant authenticated this document with his signature using that same name that he now indicates is in error.  In effect, his signature on the WD AGO Form 53-55 was his verification that the information contained on the separation document, to include his name, was correct at the time the document was prepared and issued.  

3.  Based on the applicant's signature on the WD AGO Form 53-55 and his acknowledgement that a different name from his birth name was given at the time of induction and entry on active duty, it is clear the first name he now claims 
is in error was the one under which he performed his military service.
4.  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 applicant’s remaining reconstructed military records should not be changed.

5.  The applicant is advised that this Record of Proceedings, along with the applicant's application and supporting documents will be filed in his NPRC file in order to provide clarity and to deal with any confusion that might arise regarding the difference in his first name.  Filing the Board’s decisional document will also guarantee the historical accuracy of the applicant's military record regarding the first name under which he served.

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)                                         AR20080012187



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ABCMR Record of Proceedings (cont)                                         AR20080012187


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