IN THE CASE OF:
BOARD DATE: 16 April 2009
DOCKET NUMBER: AR20080016068
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 that his records be corrected to show his first name as John.
2. The applicant states he went by his initials while on active duty but the name James was entered on his discharge document.
3. The applicant provides, in support of his application, copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) and a birth certificate.
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. It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from documents provided by the applicant and copies of his final pay records.
3. The applicant is shown to have served on active duty in the Army Air Corps from 26 October 1939 through 29 September 1945.
4. The WD AGO Form 53-55, a Certification of Military Service and his WD AGO Form 371 (Final Payment Roll) shows his name as James.
5. His signed a WD AGO Form 371 as J. M. Txxxx but he signed the WD AGO Form 371a and the WD AGO Form 53-55 as James M. Txxxx.
6. The name on the birth certificate provided is John M. Txxxx. The birth certificate shows the same date of birth, middle name, and last name as in the applicant's available military records.
DISCUSSION AND CONCLUSIONS:
1. While the birth certificate provided shows the same date of birth, middle name and last name as the same information in his available military records does, by itself, it does not show that he served under the name of John M. Txxxx.
2. The Army has an interest in maintaining the integrity of its records for historical purposes. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. The applicant has failed to establish a basis for compromising the integrity of the Army's records.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the above, the applicant's request should be denied. However, the Record of Proceedings will be filed in the applicant's military records; therefore, a record of the additional name will be on hand to clarify any questions that may arise.
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.
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ABCMR Record of Proceedings (cont) AR20080016068
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