IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110021702
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:
The applicant defers to counsel.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests the applicant's first name on his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) be changed to Alex instead of Alexander.
2. Counsel states his first name is shown as Alex on his birth certificate.
3. Counsel provides:
* Certificate of Birth from the State of Louisiana
* Certificate of Registry of Marriage from the County of San Bernardino, CA
* WD AGO Form 100 (Separation Qualification Record)
* WD AGO Form 53-55 with a date of separation of 7 January 1946
* General Power of Attorney, dated 16 July 1993
* Admission statement, with date of admission of 11 January 2011, from Redlands Community Hospital, Redlands, CA
* Initial History and Physical, dated 19 January 2011
* Power of Attorney, dated 13 October 2011
* Physician's Progress Notes, dated 17 October 2011
* State of California Benefits Identification Card
* Medicare identification card
* Social Security Card
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 applicants 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 (NPRC), St. Louis, MO, in 1973. It is believed that the applicants records were lost or destroyed in that fire.
3. The only records available to this Board are the documents provided by counsel.
a. The Certificate of Birth from the State of Louisiana shows his first name as Alex. The date of birth (DOB) is shown as 10 December (year unreadable). However, the certificate clearly show it was registered on 14 January 1921.
b. The WD AGO Form 53-55 shows he was inducted on 21 October 1942. He served overseas from 3 April 1944 to 8 December 1945 and was separated on 7 January 1946. The WD AGO Form 53-55 identifies him with the first name Alexander and he signed the form using the first name Alexander. His DOB on the form is shown as 22 December 1922.
c. The WD AGO Form 100 identifies him with the first name Alexander and he signed the back of the form using the first name Alexander. His DOB on the form is shown as 22 December 1922.
d. The Certificate of Registry of Marriage from the County of San Bernardino, CA, dated 18 July 1970, identifies the groom with the first name Alexander and he signed the certificate using the first name Alexander. This certificate shows the DOB of the groom as 20 May 1931.
e. The power of attorney, dated 16 July 1993 and expired on 16 July 1999, identified him with the first name Alexander.
f. The admission statement from Redlands Community Hospital, Redlands, CA identified the applicant with the first name Alexander. He was admitted from a nursing home with chief complaint of seizure, generalized tonic/clonic seizure. He had a history of Alzheimer's dementia.
g. The Initial History and Physical and Physician's Progress Notes both identify the applicant with the first name Alex.
h. The power of attorney, dated 13 October 2011, identifies him with the first name Alex, also known as Alexander.
i. His State of California Benefits Identification Card, Medicare identification card, and Social Security Card all show his first name as Alex.
DISCUSSION AND CONCLUSIONS:
1. His military personnel records appear to have been destroyed in the 1973 fire at NPRC. Therefore, his induction papers showing the name he was inducted with were not available for review.
2. The Certificate of Birth, the Certificate of Registry of Marriage, and the WD AGO Form 53-55 all show different DOB's for the applicant. Therefore, these documents are insufficient to show the applicant's actual first name.
3. He signed all documents, with the exception of the power of attorney dated
12 October 2011, using the first name Alexander.
4. In view of the above, there is insufficient evidence to change the first name on his WD AGO Form 53-55.
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) AR20110021702
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110021702
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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