BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100020646 


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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show:

* his branch of service
* his correct date of birth (DOB)
* the correct spelling of his last name

2.  He states the letter "Z" is missing from his last name, his DOB is incorrectly recorded as his discharge date, and no branch of service is listed on his WD AGO Form 53-55.

3.  He provides copies of his birth certificate, WD AGO Form 100 (Separation Qualification Record), and 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 applicant's military records are not available to the ABCMR 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 applicant's records were lost or destroyed in that fire.  This case is being considered using the documents he provides and enlistment and pay records maintained by the NPRC and the National Archives and Records Administration (NARA).

3.  He was inducted into the Army of the United States (AUS) on 27 November 1943 and entered active duty on 18 December 1943.  He was honorably discharged on 14 January 1946.

4.  His WD AGO Form 53-55 shows in:

* item 1 (Last Name, First Name, Middle Initial) – G___C J____ S
* item 4 (Arm of Service) –  Infantry
* item 5 (Component) – AUS
* item 7 (Date of Separation) – 14 January 1946
* item 10 (DOB) – 14 January 1946
* item 56 (Signature of Person Being Separated) –  he signed the form with the name J____ S. G___C

5.  His WD AGO Form 100 shows in:

* item 1 (Last Name – First Name – Middle Initial) G___C, J____ S.
* item 8 (DOB) – 12 September 1925

6.  A WD Form 372B (Final Payment – Work Sheet – Memorandum Copy) shows he verified he reviewed the information on the form by providing his signature.  He signed the form with the name J____ S. G___C.

7.  World War II enlistment records maintained by NARA show he entered military service using the name J____ S. G___C.

8.  The birth certificate he provides shows his DOB is 12 September 1925 and his full name is J____ S____ G___CZ.

9.  War Department Technical Manual 12-235 (Enlisted Personnel – Discharge and Release from Active Duty) provided instructions for completing the WD AGO Form 53-55.  It stated the WD AGO Form 53-55 would be completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information obtained by interview with the individual being discharged.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support amending his WD AGO Form 53-55 to change the spelling of his last name or to show his branch of service.  However, the evidence does support his request for correction of his DOB.

2.  The evidence of record shows the applicant entered active service using the name J____ S. G___C and signed official documents using that spelling of his name, which he now states is incorrect.  Unfortunately, the available documentation provides no basis for granting this portion of his requested relief.

	a.  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.

	b.  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 he desires to now record his correctly-spelled last 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.

	c.  He is advised that a copy of this decisional document along with his application and the supporting evidence he provided which confirms the spelling of his last name will be filed in his official military personnel file.  This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military record and to satisfy his desire to have the correct spelling of his last name documented in his military records.

3.  His WD AGO Form 53-55 properly shows his component as AUS and his arm of service within the Army as infantry.  In the years following World War II, "branch" replaced arm of service as the term used to refer to military career groups such as infantry and armor.  His record does not require correction to show his branch of service.

4.  The evidence clearly shows a clerical error in the recording of his DOB on his WD AGO Form 53-55.  Therefore, he is entitled to correction of his WD AGO 
Form 53-55 to show his DOB as 12 September 1925.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  __x______  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by making the following changes to item 10 of his WD AGO Form 53-55:

* delete "14 JAN 46
* add "12 SEP 25"

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the spelling of his last name.



      ___________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)                                         AR20100020646



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ABCMR Record of Proceedings (cont)                                         AR20100020646



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