IN THE CASE OF:
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130021608
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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show that his first name is Julius.
2. The applicant states his record incorrectly shows his first name as Jiulio Jr and should reflect a first name of Julius.
3. The applicant provides copies of his WD AGO Form 53-55, birth certificate, drivers license 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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 5 March 1945. He completed his training and served until he was honorably discharged at Fort Bragg, NC on 10 October 1946. His WD AGO Form 53-55 issued at the time of his discharge shows his first name was Jiulio Jr. The applicant authenticated the form with his right thumb print and signature. However, his signature does not reflect a first name of Jiulio or Julius; it reflects a first name of Jiulis.
4. The applicant provides copies of his birth certificate, drivers license, and Social Security Card showing his first name as Julius. He signed his first name on his application as Julius.
5. War Department Technical Manual 12-236 (Preparation of Separation Forms) served as the authority for the preparation of the WD AGO Form 53-55. It provides, in pertinent part, that the WD AGO Form 53-55 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. While the applicant has provided documents to show that his first name is properly spelled as Julius, they do not serve to explain why the applicant served under the first name of Jiulio Jr or why he did not sign his first name as Julius on his WD AGO Form 53-55. Although individuals are not precluded from serving under a different name, it must be presumed that the applicant served under the first name that is reflected on his WD AGO Form 53-55 for his entire period of service.
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 name 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 official reconstructed records. This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and to satisfy his desire to have his correct first name documented in his official 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) AR20130021608
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130021608
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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