IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20110009382 


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 correction of his records to show his last name as
"---o----" instead of "---e----."

2.  The applicant states, in effect, he should have corrected his name at the beginning; however, he feared correcting it while outprocessing would delay his separation.

3.  The applicant provides:

* his Certification of Military Service, dated 8 September 1944
* his "Enlisted Record," undated
* his WD AGO Form 55 (Honorable Discharge from the Army of the United States) 21 August 1942
* a New York State Certificate and Record of Birth, issued on 17 March 1920
* his New Jersey Auto Driver License issued on 3 October 2007
* his Department of Selective Service (DSS) Form 2 (Registration Certificate), dated 1 July 194?

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 his 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.

3.  The applicant’s "Enlisted Record" document shows he enlisted in the Army of the United States on 1 May 1942.  His last name is listed as "---e----" on this form and he authenticated this form using this last name.

4.  He completed 3 months and 20 days of creditable active service and he was honorably discharged on 21 August 1942.  His Honorable Discharge Certificate also listed his last name as "---e----."

5.  His reconstructed record contains various documents that listed his last name as "---e----."  These documents include a Final Payment Roll, dated 14 August 1942; information from the hospital admissions cards for the year 1942, created by the Office of the Surgeon General; and a Certification of Military Service, dated 8 September 1984.

6.  He submitted the below documents, all of which listed his last name as
"---o----."

* his Certificate and Record of Birth
* his State driver license
* Registration Certificate

7.  War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, and Army Regulation 635-5 (Separation Documents), currently in effect, prescribe the separation documents prepared for Soldiers 

upon retirement, discharge, or release from active military service or control of the Army.  These regulations establish standardized policy for the preparation of the separation document.  In pertinent part, they state that the separation document is a synopsis of the Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  If a WD AGO Form 53-55/DD Form 214 is lost or cannot be found, a Certification of Military Service is issued in lieu of this form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's reconstructed record contains a copy of the applicant's "Enlisted Record" which documented his military service from 1 May 1942 through 21 August 1942.  His last name is listed "---e----" and he authenticated this form by using this name.  This name is also consistent with other documents used during his military service.  It does not appear he used the last name of
"---o----" at any time during his service.

2.  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 correct 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.  

3.  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 last name, will be filed in his reconstructed record.  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 his correct last name documented in his reconstructed record.

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)                                         AR20110009382



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ABCMR Record of Proceedings (cont)                                         AR20110009382



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