IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120002431
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, "J____ P____," requests correction of the record of "R____ P____ R____" to show the record was in fact his.
2. The applicant states he enlisted in and served under his brothers name. He is requesting to transfer all information from his deceased brothers name to his name in order to claim benefits for himself.
3. The applicant provides a self-authored statement and a DD Form 214 (Report of Separation from the Armed Forces of the United States).
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 complete military records of "R____ P____ R____" 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 provided a DD Form 214 that shows "R____ P____ R____" enlisted for 3 years in the Regular Army on 8 October 1953, at the age of 16 years, 4 months, and 1 day. This form also shows his most significant assignment as Battery B, 793rd Field Artillery Battalion. He performed 5 months and 12 days of foreign and/or sea service and he received the National Defense Service Ribbon and the Army of Occupation Medal with Germany Clasp.
4. On 21 December 1954, "R____ P____ R____" was discharged in accordance with Section II, Army Regulation 615-362 for minority. He completed 1 year, 2 months, and 21 days of service during this period. His full name is listed as "R____ P____ R____" on this form and he authenticated this form in item 48 (Signature of Person Being Separated) using this name.
5. The applicant provides no additional evidence to corroborate his claim.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the record of "R____ P____ R____" was in fact his.
2. The applicant has provided no evidence which suggests the applicant has ever served in the Armed Forces.
3. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the records in this case.
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) AR20120002431
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120002431
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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