IN THE CASE OF:
BOARD DATE: 17 September 2013
DOCKET NUMBER: AR20130002599
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 first name and middle initial as "William C" instead of "Claude W" and his day of birth as
"12 September" instead of "17 September."
2. The applicant states his incorrect records could affect receiving any future veteran benefits since his records do not match his birth record.
3. The applicant provides his WD AGO Form 53-55, Certificate of Birth, and 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 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 military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the limited documents in his reconstructed record and those documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. He was inducted in Pittsburgh, PA on 17 June 1944. He completed his training as an automotive mechanic and he departed for Scotland on 25 March 1945. He participated in the Central Europe Campaign and departed for the United States on 2 September 1945.
4. On 1 November 1945, he was honorably discharged at Fort Indiantown Gap, PA. His WD AGO Form 53-55 shows his first name and middle initial as "Claude W" and his day of birth as "17 September." The applicant signed his WD AGO Form 53-55 with the same first name and middle initial as entered on the WD AGO Form 53-55.
5. His record contains a War Department Form 372A (Final Payment Work Sheet), that shows the same first name and middle initial as shown on his
WD AGO Form 53-55. He also signed this form with the same name.
6. The Certificate of Birth and Social Security Card provided by the applicant show his first name and middle initial as "William Claude" and his day of birth as the "12 September."
7. War Department Technical Manual 12-235 (Enlisted Personnel Discharge and Release from Active Duty), dated January 1945, served as the authority for the preparation of the WD AGO Form 53-55. It provided that the WD AGO Form
53-55 would be prepared to reflect information as it existed in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. In the absence of his official records, it must be presumed that at the time of his discharge his WD AGO Form 53-55 was properly prepared to reflect the name and date of birth he was serving under at the time in accordance with the applicable regulation.
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 first and middle name and day of birth 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 reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the first and middle name and day of birth recorded in his military record and to satisfy his desire to have his correct first and middle name and day of birth documented in his 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 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) AR20130002599
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130002599
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080017668
Application for correction of military records (with supporting documents provided, if any). The FSMs military record is not available to the Board for review. This is further verified by the name entry for the FSM on the applicant's birth certificate, which also reflects the middle initial "K." Therefore, it appears the middle initial "H" in Item 1 of the FSM's WD AGO Form 53-5 was entered as a result of an administrative error in the preparation of the document, and it would be...
ARMY | BCMR | CY2009 | 20090012561
The applicant, the widow of a deceased former service member (FSM), requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show he was a prisoner of war (POW) from December 1944 to April 1945. The applicant states that the FSM was a POW from December 1944 to April 1945, but his POW status is not listed on his discharge document. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2002 | 2002075955C070403
The applicant requests correction of his records to show the correct spelling of his last name and to show his correct date of birth. The Board considered the applicant's request to correct the spelling of his last name from G------s to G------z. Therefore, the Board determined that the applicant's WD AGO Form 53-55 should be corrected to show his birth date as 20 November 1923.
ARMY | BCMR | CY2013 | 20130021372
The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) for the period ending 22 March 1947 to show his middle name and to show his rank as staff sergeant (S/SGT) instead of private first class (PFC). The available evidence shows that at the time of the FSM's discharge on 28 October 1945, his rank was PFC, which is reflected on his WD AGO Form 53-55 covering...
ARMY | BCMR | CY2009 | 20090007761
Application for correction of military records (with supporting documents provided, if any). The applicant requests in effect, that the records of her deceased father, a former service member (FSM), be corrected to show his correct last name. This Record of Proceedings along with the application and supporting documents will be filed in the FSM's NPRC record to provide clarity and to deal with any confusion that may arise regarding the difference in the last name of the FSM as it is listed...
ARMY | BCMR | CY2008 | 20080008574
Application for correction of military records (with supporting documents provided, if any). He indicates that he went to court to have his name correctly listed on his birth certificate and states that all of his civilian records now show his correct name; however his proof of this action was lost. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2011 | 20110006233
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in two separate applications, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Belgian Fourragere and his last name as H-----c--. Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere.
ARMY | BCMR | CY2013 | 20130020759
In effect, he requests consolidation of his first WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service) for the period 6 April 1945 to 30 November 1945 and his second WD AGO Form 53-55 for the period 1 December 1945 to 30 December 1946. The applicant's complete military records are not available to the Board for review. At the time the applicant served on active duty, the Army issued a separation document for each period of active duty, regardless of whether there...
ARMY | BCMR | CY2011 | 20110020947
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to: * change item 6 (Organization) from "Company A, 159th Infantry" to "Cannon Company, 142nd Infantry Regiment, 36th Infantry Division" * add the following awards, battles, or campaigns: * one arrowhead device * Salerno * Anzio * Bulge (i.e., Ardennes-Alsace) 2. The primary record available to this Board is the applicant's WD AGO Form 53-55. As a result, the Board...
ARMY | BCMR | CY2010 | 20100021414
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show award of the Army of Occupation Medal, Combat Infantryman Badge, and the Purple Heart, and to correct his service dates. In the absence of official orders or other documentary evidence, such as operation reports, after action reports, valor awards, witness statements, or any others evidence that conclusively shows he participated in active ground combat while...