IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130010426
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 record to show the spelling of his last name as P____l instead of P____e.
2. The applicant states his last name is misspelled throughout his military record.
3. The applicant provides:
* State of Tennessee Certificate of Birth
* State of Tennessee Marriage License
* State of Tennessee Driver License
* 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 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 complete military records are not available for review. A fire destroyed approximately 18 million service members records at the NPRC in 1973. It is believed that the applicants records were lost or destroyed in that fire.
However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) for the period 11 August 1942 through 18 September 1945 shows:
a. in item 1 (Last Name - First Name - Middle Initial), his typewritten last name spelled as P____e;
b. in item 56 (Signature of Person Being Separated), that he signed his last name spelled as P____e; and
c. his typewritten last name spelled as P____e on his Honorable Discharge Certificate.
4. His WD Form 100 (Army Separation Qualification Record) shows his typewritten last name spelled as P____e in the standard name line. The bottom line of this form also shows that he signed his last name spelled as P____e on 18 September 1945.
5. The applicant provides a certificate of birth, marriage license, driver license, and health insurance card which all show his last name spelled as P____l.
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 states that the name of the separating Soldier will be typed in capital letters in signature order on the form.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests to correct his military record to show his last name as depicted on his civilian documents, all of the available documents in his military service record show he served in the Army using the name P____e as listed on his WD AGE Form 53-55.
2. The available evidence does not show he used the name P____l during his period of service.
3. For historical purposes, the Army has an interest in maintaining the integrity 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 the requested name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the name recorded in his military records and to satisfy his desire to have his requested name documented in his AMHRR.
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) AR20130010426
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ABCMR Record of Proceedings (cont) AR20130010426
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