BOARD DATE: 8 November 2011
DOCKET NUMBER: AR20110010264
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 WD AGO Form 100 (Army of the United States - Separation Qualification Record) to show his last name as "Gxxxcx" vice "Gxxxex."
2. The applicant states his last name is spelled incorrectly [on the form].
3. The applicant provides his WD AGO Form 100.
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 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 the applicant's 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 available records show he was inducted into the Army of the United States on 24 October 1941 and he entered active duty on the same date.
4. He served in the Asiatic-Pacific Theater of Operations from 13 September 1942 through 15 June 1943, and in the European Theater of Operations from 14 December 1944 through 18 October 1945.
5. He was honorably discharged on 2 November 1945. He completed 4 years and 9 days of creditable active service of which 1 year, 8 months, and 14 days was foreign service.
6. Item 1 (Last Name, First Name, Middle Initial) of the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) he was issued shows his last name as "Gxxxcx." He authenticated this form by placing his signature in the appropriate block.
7. His available record contains a WD Form 372a (Final Payment - Work Sheet), dated 2 November 1945, wherein his last name is shown as "Gxxxcx." He authenticated this form by placing his signature in the appropriate block.
8. The applicant provides his WD AGO Form 100, dated 2 November 1945, wherein his last name is shown as "Gxxxex" in item 1 (Last Name, First Name, Middle Initial) of this form.
DISCUSSION AND CONCLUSIONS:
The applicant's last name was listed as "Gxxxcx" when his WD AGO Form 53-55 was prepared. It seems reasonable to presume a typographical error was made when his last name was listed as "Gxxxex" on his WD AGO Form 100. Therefore, he is entitled to correction of his WD AGO Form 100 to show his last name as "Gxxxcx."
BOARD VOTE:
____x__ ___x_____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him an appropriate document to amend his WD AGO Form 100 to show the correct 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) AR20110010264
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ABCMR Record of Proceedings (cont) AR20110010264
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