BOARD DATE: 17 September 2009
DOCKET NUMBER: AR20090007761
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 the records of her deceased father, a former service member (FSM), be corrected to show his correct last name.
2. The applicant states, in effect, that her father's name as it is shown on his WD AGO 53-55 (Enlisted Record and Report of Separation) is incorrect. She states that his last name should be shown as C_ _ _ o-S_ _ _ _ _z instead of
S_ _ _ _ _ z.
3. The applicant provides the following documents in support of her application: the applicants WD AGO 53-55, Discharge Certificate, and Death Certificate. She also provides her 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. The applicants 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 that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. This case is being considered primarily using the documents the applicant provided.
3. The FSM's WD AGO Form 53-55 shows he was honorably discharged on
15 October 1945, after completing 3 years, 7 months, and 19 days of active military service. Item 1 (Name) on FSMs WD AGO Form 53-55 shows his last name as S _ _ _ _ _ z, his first name as Carlos and his middle initial as C. Item 55 (Signature of Person Being Separated) shows the FSM signed his name as it is entered in item 1.
4. The Honorable Discharge Certificate issued to the FSM upon discharge also shows the FSM's name as it is listed on his WD AGO Form 53-55.
5. The applicant provides a copy of the FSM's death certificate which lists his first, middle and last names as they are entered on his WD AGO Form 53-55.
6. The applicant also provides a copy of her birth certificate which lists her father's first name as C_ _ _ _s and his last name as C _ _ o which she now claims is correct.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her father's WD AGO 53-55 should be corrected to reflect his last name as C _ _ o was carefully considered. However, there insufficient evidence to grant the requested relief.
2. While it is understandable why the applicant would like to have the FSM's last name on his WD AGO Form 53-55 changed to coincide with her birth certificate, the available documents indicate the FSM entered, served, and was separated under the name currently listed in item 1 of his WD AGO Form 53-55 and on his discharge certificate, which is evidenced by the fact that he signed his WD AGO Form 53-55 using the last name entered on these documents.
3. The Army has an interest in maintaining the integrity 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.
4. Absent any evidence that the applicant has actually suffered an injustice based on the name recorded on the FSM's WD AGO Form 53-55, there appears to be no compelling reason to compromise the integrity of the Armys records by changing the FSM's last name at this late date.
5. This Record of Proceedings along with the application and supporting documents will be filed in the FSM's NPRC record to provide clarity and to deal with any confusion that may arise regarding the difference in the last name of the FSM as it is listed on the applicant's birth certificate and the last name recorded on his WD AGO Form 53-55.
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) AR20090007761
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