IN THE CASE OF:
BOARD DATE: 17 April 2012
DOCKET NUMBER: AR20110020741
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 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his name as Anastasio B____ C____ instead of Anastacio C____.
2. The applicant states his name on his WD AGO Form 53-55 does not include the last name of his mother which is documented in his full name on his birth certificate.
3. The applicant provides his birth certificate, WD AGO Form 53-55, WD AGO Form 100 (Separation Qualification Record), and affidavit in support of his request.
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 complete military record is not available for Board review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed the applicant's records were lost or destroyed in that fire. This case is being considered using reconstructed records maintained by NPRC which includes the applicant's WD AGO Form 53-55 and the documents submitted by the applicant.
3. The applicant's WD AGO Form 53-55 and WD AGO Form 100 show he entered, served, and was released from active duty under the full name that does not include his mother's last name. These documents show he served on active duty for 3 years, 8 months, and 16 days from 18 March 1942 through 6 December 1945, at which time he was honorably separated in the rank of corporal.
4. The applicant provides a birth certificate that shows a slight variation in the spelling of his first name and his full name is recorded containing his mother's last name.
5. Army regulatory policy currently as well as at the time the applicant served requires the name under which the applicant entered and served his military service to be entered on the separation document, in this case the WD AGO Form 53-55 and WD AGO Form 100.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his WD AGO Form 53-55 and WD AGO Form 100 to reflect his full name as recorded on his birth certificate which contains the last name of his mother has been carefully considered. However it is clear that his active duty service was performed under the name that does not include his mother's last name.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, the name recorded in the applicant's separation documents should not be changed at this time.
3. This Record of Proceedings will be filed in his official military personnel file to provide clarity and to deal with any confusion that may arise regarding the difference in the name under which he performed his military service and was separated vice the name he now uses. Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military 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 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) AR20110020741
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110020741
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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