IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100009041 


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 a name change to his discharge document.

2.  The applicant states that the name on his discharge document should be "Arthur L." not "Ronald J."  He states he entered the U.S. Army at the age of 15 by using his brother's name "Ronald J."  In 1947, he states his brother entered the U.S. Navy.  Therefore, he states there can't be two people with the same name in the U.S. Army and U.S Navy at the same time.  In addition, he states his date of birth is 1X May 19X0 and his social security number (SSN) is XX-XXX-9350.

3.  The applicant provides the following documentary evidence in support of his application:

	a.  a VA Form 9-360 (Veterans Administration National Service Life Insurance Certificate), dated 26 March 1946;

	b.  a military service certificate showing "RONALD" was a member of the Regular Army from 20 March 1946 to 14 July 1947;

	c.  a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) prepared for "ARTHUR L." dated 2 November 1989; and

	d.  an honorable discharge certificate from the U.S. Coast Guard showing "ARTHUR L." was discharged on 15 August 1945.
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 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.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.  An archival official military personnel file (OMPF) is a record in the legal custody of the National Archives and Records Administration Center. 

3.  The OMPF provided by the National Personnel Records Center was for the applicant who provides his service name as "RONALD L." and his service number as "XXX-XX-4508."

4.  Based on a certificate of military service, dated 9 April 1993, the applicant enlisted in the Regular Army on 20 March 1946 and was honorably discharged on 14 July 1947 in the rank of private first class.   

5.  Within his OMPF is a charred copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) that shows his date of birth as 2X December 19X7.  He entered the service on 20 March 1946 and his organization was Troop B, 8th Engineer Squadron.  He served in military occupational specialty 063 (Crane Operator).  His date of separation from the Regular Army was 14 July 1947.   

6.  The applicant's WD AGO Form 24A (Service Record) shows his name as "RONALD" and his date of birth as "2X December 19X7."

7.  As documentary evidence to support his application, the applicant provided a copy of a VA Form 9-360 that shows the name of the insured as "ARTHUR L." with an effective date of 26 March 1946.  In addition, there is an endorsement stated as follows:  "THIS REPLACES CERTIFICATE OF THE SAME NUMBER ISSUED IN THE NAME OF RONALD."  

8.  The applicant provided a copy of a DD Form 214 for the service member "ARTHUR L." whose SSN is "XXX-XX-9350."  This DD Form 215 corrected a DD Form 214 (in effect, a WD AGO Form 53-55) with a separation date of 15 August 1945.  Additional service medals and ribbons were added to the WD AGO Form 53-55 issued on 15 August 1945.  This DD Form 215 is signed by a representative from the Maritime Administration of the Department of Transportation who served as a seaman's award specialist. 

9.  The third document provided by the applicant is an honorable discharge certificate showing "ARTHUR L." was honorably discharged from the U.S. Coast Guard on 15 August 1945. 

10.  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 that he entered the U.S Army under his brother's name, "RONALD," when he was 15 years old.  He now requests his military records be corrected to show his name as "ARTHUR L."

2.  The evidence of record shows that "RONALD" with a date of birth of 2X December 19X7 served in the U.S. Army from 20 March 1946 to 14 July 1947.  This name is consistent with the name he used on several documents in his official records throughout his military service.  The applicant authenticated several documents by placing his signature "RONALD" in the appropriate blocks, indicating his first name on each form was correct.

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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his name as "ARTHUR L." on his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
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)                                         AR20100009041



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ABCMR Record of Proceedings (cont)                                         AR20100009041



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