BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090017313 


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 the last letter of his last name on his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) be changed to an "e" instead of an "i."

2.  The applicant states his last name ends with an "e" and he wants to correct it on his WD AGO Form 53-55 for posterity.

3.  The applicant provides copies of a letter from the Army Review Boards Agency, his previous application to the Army Board for Correction of Military Records (ABCMR), his WD AGO Form 53-55, and his 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 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 applicant’s 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 in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  The only records available to this Board were provided by the applicant.  These records consist of his WD AGO Form 53-55 and a War Department Form 372A (Final Payment Work Sheet).

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active service on 27 February 1945.  He was discharged on 27 September 1946.  

4.  The applicant's WD AGO Form 53-55 records his last name with the last letter "i."  His date of birth is shown as 21 May 1924.

5.  The War Department Form 372 reflects the applicant's final payment on his date of discharge, 27 September 1946.  His last name on this document is recorded with the last letter "i."

6.  The birth certificate submitted by the applicant records his last name with the last letter "e."  The date of birth shown is 21 May 1924.

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the last letter of his last name should be an "e" instead of an "i."

2.  The applicant's induction documents were not available for review.  These documents would reflect the spelling of the name under which he was inducted.  No other Army records are available for review.  Therefore, it must be assumed the name reflected on his WD AGO Form 53-55 and his final pay document is the name under which he served.

3.  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 record his correct name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  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 name, 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 name recorded in his military record and to satisfy his desire to have his correct name documented in his OMPF.

5.  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 that requirement.

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)                                         AR20090017313





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ABCMR Record of Proceedings (cont)                                         AR20090017313



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