IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110015895
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 that his records be corrected to show his last name is Tixx instead of Tyxx.
2. The applicant states that his records incorrectly reflect his last name is spelled Tyxx instead of Tixx.
3. The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and a copy of a Form BC-655 from the Bureau of the Census, dated 11 November 1973.
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents to include a WD AGO Form 24 (Service Record) remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant was born on 11 September 1923 and inducted into the Army of the United States (AUS) on 1 January 1944 under the last name of Tyxx. He entered active duty at Fort Benning, Georgia on 24 January 1944 and completed his training as a light truck driver.
4. He departed for the Pacific Theater of Operations (PTO) on 17 May 1945. He participated in the Southern Philippines (Liberation) and Luzon campaigns and departed the PTO on 11 April 1946.
5. On 30 April 1946, he was honorably discharged in the rank of technician fifth class at Fort McPherson, Georgia. He was discharged in the last name of Tyxx.
6. A review of the available records show that he served his entire period of military service under the last name of Ty.
7. The Form BC-655 that the applicant provided shows his last name is spelled Ti according to the Bureau of the Census.
DISCUSSION AND CONCLUSIONS:
1. The applicant was inducted into the AUS and served under the last name of Ty his entire period of service and he has failed to offer any explanation or evidence to show that his name was otherwise when he was serving.
2. For historical purposes, the Army has an interest in maintaining the integrity 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 legal last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document 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 name recorded in his military record and to satisfy his desire to have his last name documented in his OMPF as he currently spells it. Accordingly, there is no basis for granting the applicants requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X __ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20110015895
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ABCMR Record of Proceedings (cont) AR20110015895
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