IN THE CASE OF:
BOARD DATE: 30 JULY 2009
DOCKET NUMBER: AR20090003208
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 military records be corrected to show the spelling of his last name as W---el instead of W---le.
2. The applicant states that while his birth certificate shows the spelling of his last name as W---le, he has used the spelling W---el since 1955.
3. The applicant provides his State of California Standard of Certificate of Birth which shows his last name as W---le, a Social Security Benefit Statement which shows the spelling of his last name as W---el, a document from the Department of Veterans Affairs which shows the spelling of his last name as W---el, and a Notice of Annuity Adjustment which shows the spelling of his last name as
W---el.
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 show that he enlisted in the Regular Army (RA) on 28 March 1951, served in Korea, and was honorably discharged from active duty on 27 March 1954.
3. The applicant enlisted under the last name W---le; all documents contained in his military records show his last name as W---le; and his DD Form 214 (Report of Separation from Active Duty) shows his last name as W---le.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. In the absence of a showing of material error or injustice, those records should not be changed.
3. In the applicant's case the records reflect the correct birth name under which military service was performed.
4. 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. This Record of Proceedings will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in the spelling of his name.
5. In view of the forgoing, there is no basis for granting the applicant's requested relief.
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.
_________XXX______________
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) AR20090003208
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20090003208
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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