IN THE CASE OF:
BOARD DATE: 31 March 2009
DOCKET NUMBER: AR20080013057
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 reflect his middle name.
2. The applicant states, in effect, his record only lists his first and last names and he would like it corrected to include his middle name.
3. The applicant provides a National Personnel Records Center (NPRC) letter, Philippine Veterans Affairs Office letter, and Philippine Veterans Affairs Application for Old Age Pension 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 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 record is not available to the Board for review. A fire destroyed approximately 18 million service members records at the NPRC in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records that include a partially legible separation document
(WD AGO Form 53-55) and honorable discharge certificate that remain in the NPRC file and the documents provided by the applicant.
3. The WD AGO Form 53-55 on file shows he was honorably discharged on
17 May 1947, after completing 10 months and 4 days of active military service. Item 1 (Name) of the separation documents lists his middle initial as E., not M as he indicates is correct.
4. The partially legible 1947 honorable discharge certificate on file seems to list M as the middle initial.
5. The Philippine Veterans Affairs documents provided by the applicant list his middle initial as M, which he claims is correct.
6. There are no enlistment documents or service records remaining in the NPRC file.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that his record be corrected to reflect the middle initial M was carefully considered. However, there are no remaining service records on file at the NPRC to correct, and the documents remaining on file are not sufficiently clear to allow a change to any remaining military record documents. Absent any enlistment documents or service records to confirm the middle name/initial under which the applicant enlisted and served, there is an insufficient evidentiary basis to support a change to any of the remaining documents on file.
2. 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 middle initials listed on various documents on file.
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) AR20080013057
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ABCMR Record of Proceedings (cont) AR20080013057
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