IN THE CASE OF:	

		BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090006751 


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 middle initial be corrected in his military records.

2.  The applicant states, in effect, that his middle initial is incorrect on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).  The middle initial should be changed from a "V" to an "L."

3.  In support of his request, the applicant provides a copy of his birth certificate which was issued by the State of Minnesota on 9 April 2009, a copy of his Medicare Health Insurance card, and a copy of his WD AGO Form 53-55.

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 evidence shows the applicant was inducted into the Army of the United States on 14 December 1944 and entered active duty on the same date at Fort Snelling, Minnesota.  The applicant was honorably discharged under the provisions of Army Regulation 615-362 (Enlisted Personnel - Discharge - Minority and Dependency or Hardship) in the rank of technician fifth grade on 25 March 1946 after having served 6 months and 1 day of continental service and 1 year, 2 months, and 17 days of foreign service in the Pacific theater of operations.

3.  Item 1 (Last Name - First Name - Middle Name) of the applicant's WD AGO Form 53-55 shows the applicant's middle initial as a "V."

4.  Item 56 (Signature of Person Being Separated) of the applicant's WD AGO Form 53-55 has the applicant' name with a middle initial of "V" entered in the typewritten form.  It appears the applicant was not available to place his signature in the space himself.

5.  The copy of the applicant's birth certificate which was issued by the state of Minnesota on 9 April 2009 shows the applicant was given a middle name at birth that began with the letter "L."

6.  The copy of the applicant's Medicare Health Insurance card shows the applicant's middle initial as an "L."

7.  The Electronic Army Serial Number Merged File, circa 1938-1946 (Enlistment Records), World War II Army Enlistment Records, which is maintained by the National Archives and Records Administration shows that at the time of the applicant's entry on active duty he was identified as having a middle name that began with the letter "V."

8.  On 9 August 1946, the applicant had a War Department Form 372A (Final Payment - Work Sheet) prepared in anticipation of his separation on 31 August 1946.  A copy of this final payment work sheet is on file in the applicant's record and identifies him as having a middle initial of "V."  The applicant signed the final payment work sheet in the space identified for "Soldier's Signature" in his own handwriting and used the middle initial "V."



9.  War Department Technical Manual 12-236 provided guidance on the preparation of separation forms to be completed and furnished to Soldiers who were being discharged or released from active duty.  Chapter 3 of this technical manual provided item-by-item instructions for the completion of the WD AGO Form 53-55.  This technical manual stated that for item 1, "The name will be typed in the sequence indicated [Last Name - First Name - Middle Initial].  There will be two typewriter spaces between the last name and first name and between the first name and middle initial."  Instructions for the completion of item 56 are as follows:  "Only the signature of the individual being separated will appear.  In cases where the individual is incompetent or unable to sign, this item will be left blank."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was inducted into the Army of the United States and at the time was identified as having a middle name that began with the letter "V."

2.  It appears the applicant used the initial "V" throughout his military service as evidenced by his signature on his final payment work sheet.

3.  When the applicant was discharged from the Army, the WD AGO Form 53-55 that was prepared to commemorate his service showed his name with a middle initial of "V."

4.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name, to include the middle initial "V," under which he served.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable the applicant desires to now have his middle initial corrected in his military record, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

5.  The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided which confirms his correct middle initial, will be filed in his official military personnel file (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the middle initial recorded in his military record and to satisfy his desire to have his correct middle initial documented in his OMPF.



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)                                         AR20090006751



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006751



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1