IN THE CASE OF:
BOARD DATE: 26 November 2013
DOCKET NUMBER: AR20130005160
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, the son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his first name as "Patrick" instead of "Patric."
2. The applicant states his father has been deceased since 1978. The family is trying to order a headstone and would like the correct name to appear on it.
3. The applicant provides:
* His Certificate of Live Birth, registered on 11 September 1953 and issued on 28 March 2002
* FSM's Petition for Naturalization, dated 23 April 1953
* FSM's WD AGO Form 53-55 for the period ending 27 October 1945
* FSM's Certificate of Death, dated 16 March 1978
* Letter from a Funeral Home, dated 28 January 2013
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 FSM's complete 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 his records were lost or destroyed in that fire. However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. A copy of the FSM's induction document that would have shown the first name he used upon his induction is not available for review with this case.
4. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 30 November 1942 and he entered active service on
10 December 1942. He served in France from on or about 20 October 1944 to on or about 16 October 1945.
5. The FSM was honorably discharged on 27 October 1945 at demobilization. He completed 1 year and 10 months of continental service, and 1 year and 18 days of overseas service. His WD AGO Form 53-55 shows his first name as "Patric." He appears to have authenticated his WD AGO Form 53-55 by placing his signature in item 56 (Signature of Person Being Separated) using the first name "Patrick."
6. The applicant submitted several documents listing the FSM's first name as "Patrick" as follows:
* His Certificate of Live Birth
* FSM's Petition for Naturalization
* FSM's Certificate of Death
* Letter from a Funeral Home
DISCUSSION AND CONCLUSIONS:
1. The FSM's induction record is not available for review with this case. It is unclear what first name he used upon his induction at the time.
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 normally a reluctance to recommend that those records be changed.
3. However, the FSM's 1943 Petition for Naturalization together with the applicant's 1953 birth certificate both listed the FSM's first name as "Patrick." These forms are contemporaneous with his service and suggest an administrative error may have been committed with respect to the first name shown on the FSM's WD AGO Form 53-55. In addition, the WD AGO Form 53-55 provided by the applicant shows the FSM appears to have signed it using a first name of "Patrick." There is no harm to the Army or the FSM if his WD AGO Form 53-55 is corrected to show his first name as "Patrick" vice "Patric."
BOARD VOTE:
__X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
deleting from the FSM's WD AGO Form 53-55 the first name of "Patric" and replacing it with the first name of "Patrick."
_______ _ 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) AR20130005160
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ABCMR Record of Proceedings (cont) AR20130005160
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