IN THE CASE OF:
BOARD DATE: 21 May 2013
DOCKET NUMBER: AR20120020052
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 records to show his last name as shown on the birth certificate he submitted.
2. The applicant states that the last name on his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) is spelled incorrectly. He believes the error to be clerical in nature.
3. The applicant provides copies of a:
* WD AGO Form 53-55
* State of Michigan Certificate of Live Birth
* Social Security Card
* MEDICARE Health Insurance 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 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 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 applicants WD AGO Form 53-55 shows he enlisted in the Army on
17 June 1943 and was honorably discharged on 6 March 1946. The last name is listed as "M__o___" on this form and he signed using that name.
4. His reconstructed record contains various documents that list his last name as "M__o___."
5. He submitted the below documents, all of which listed his last name as "M__a___."
* State of Michigan Certificate of Live Birth
* Social Security Card
* MEDICARE Health Insurance Card
6. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, and Army Regulation 635-5 (Separation Documents), currently in effect, prescribe the separation documents prepared for Soldiers
upon retirement, discharge, or release from active military service or control of the Army. In pertinent part, they state that the separation document is a synopsis of the Soldiers most recent period of continuous active duty and 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's reconstructed record contains a copy of his WD AGO Form 53-55 which documented his military service from 17 June 1943 through 6 March 1946. His last name is listed as "M__o___." This name is also consistent with other documents used during his military service. It does not appear he used the last name of "M__a___" at any time during his service.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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 correct 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. A copy of this decisional document will be filed in his records in order to provide clarity and to deal with any confusion that might arise regarding the difference in the spelling of his name.
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) AR20110009382
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ABCMR Record of Proceedings (cont) AR20120020052
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