IN THE CASE OF:
BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20130012042
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 as "Lionel" instead of "Lyinel" and his last name as "F_r__t" and instead of "F_rr_t."
2. The applicant states his name is misspelled on his discharge document and he didn't realize it until he received his birth certificate from the Commonwealth of Virginia.
3. The applicant provides his Commonwealth of Virginia Certificate of Birth, social security card, and WD AGO Form 53-55.
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 that the applicant's 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. On 17 June 1943, the applicant was inducted into the Army of the United States.
4. On 6 January 1946, he was honorably separated. His WD AGO Form 53-55 shows his first name as "Lyinel" and his last name as "F_rr_t."
5. The only military documents available in his records bearing his name show the first name "Lyinel" and last name "F_rr_t."
6. He provides a Commonwealth of Virginia Certificate of Birth and his social security card showing his first name as "Lionel" and his last name as "F_r__t."
DISCUSSION AND CONCLUSIONS:
1. The applicant's military service records show he served exclusively under the first name "Lyinel" and last name "F_rr_t."
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 that the applicant now desires to record the name shown on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his military personnel records. This should serve to clarify any questions or confusion regarding the difference between the name recorded in his military records and the name shown on his birth certificate.
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 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) AR20130012042
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