IN THE CASE OF:	  

		BOARD DATE:	  8 July 2014

		DOCKET NUMBER:  AR20130019697 


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 "Michael" instead of "Mike."

2.  The applicant states his legal given name is Michael.

3.  The applicant provides:

* WD AGO Form 53-55
* birth certificate
* letter from his sister and brother
* Judgment Entry of Change of Name

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 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 8 January 1945.  A copy of his induction document which would have shown the first name he used upon his induction is not available for review with this case.

4.  His WD AGO Form 53-55 also shows that at the time of his separation he held military occupational specialty 2601 (Ammunition Handler).  He completed 6 months and 1 day of continental service and 1 year and 13 days of foreign service.

5.  He was honorably discharged on 20 July 1946.  His WD AGO Form 53-55 shows his first name as "Mike."  He authenticated his WD AGO Form 53-55 by placing his signature in item 56 (Signature of Person Being Separated) using this first name.

6.  The applicant submitted:

* his birth certificate, dated 1926, that shows his name as "Mitan B____"
* a letter from his sister and brother attesting to his birth
* a Judgment Entry of Change of Name, dated 27 November 1989, changing his name from "Dmitar P____" to "Michael M____"

7.  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 establishes standardized policy for preparation of the discharge document (currently known as the DD Form 214 (Certificate of Release or Discharge) from Active Duty).  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief record of active Army service at the time of release from active duty, retirement, or discharge.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's induction record is not available for review with this case.  It is unclear what first name he used upon his induction.  However, his reconstructed records contain a copy of his WD AGO Form 53-55 that shows his first name as "Mike" and he signed that document with the first name “Mike.”

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, this Board is reluctant to recommend that those records be changed.  While it is understandable that the applicant desires to now record his current first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  Regrettably, there is an insufficient reason to change his WD AGO Form     53-55.

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)                                         AR20130019697



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130019697



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1