IN THE CASE OF:	  

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130021710 


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 records to show the correct spelling of his last name and that he served at Fort Knox, Kentucky.  He also requests help in reconstructing his records.

2.  The applicant states:

* At birth, his doctor misspelled his last name
* His last name should be spelled "Robinson" instead of "Robertson"
* He was injured while he was at Fort Knox and he is unable to locate his records

3.  The applicant provides copies of the following documents:

* National Personnel Records Center Letter, dated 21 November 2013
* Army Review Boards Agency Letter, dated 23 November 2009
* WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge), dated 24 June 1949
* Final Payment – Work Sheet, dated June 1949
* Final Payment Roll, dated 12 November 1947
* Certification of Military Service, dated 24 June 1949
* WD AGO Form 53 (Enlisted Record and Report of Separation), dated 12 November 1947
* WD AGO Form 100 (Separation Qualification Record), dated 12 November 1947
* Honorable Discharge Certificate, dated 12 November 1947
* WD AGO Form 100, dated 24 June 1949
* Honorable Discharge Certificate, dated 24 June 1949
* Certificate of Birth, certified on 7 July 1953

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 requests help in reconstructing his records.  By regulation, the Board considers a case based on the evidence of record and independent evidence it is provided.  The Board is not an investigative body and the burden of proving an error or injustice rests with the applicant.  It is not the function of the Board to reconstruct a record.  Therefore, there will be no further reference to reconstructing his record in this ABCMR Record of Proceedings.

3.  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 records remaining that were submitted by the applicant to conduct a fair and impartial review of this case.

4.  A review of all of the available records to include all of the records provided by the applicant shows he enlisted in the Regular Army (RA) on 6 January 1947 and was honorably discharged on 12 November 1947.  

5.  The applicant reenlisted in the RA on 13 November 1947 and he was honorably discharged on 24 June 1949.

6.  It appears that while in the Army, the applicant used "Robertson" as his last name.   The same last name "Robertson" is shown on every document pertaining to his military service.

7.  His WD AGO Forms 53 and his WD AGO Forms 100 all show he served in the Army using "Robertson" as his last name.

8.  The applicant provides a copy of his Certificate of Birth which shows "Robinson" as his last name.

9.  The available evidence does not show that the applicant ever served at Fort Knox, Kentucky.

DISCUSSION AND CONCLUSIONS:

1.  During the applicant's first period of enlistment, he spelled his last name "Robertson."  All other documentation provided by him and contained in his limited file requiring the use of his last name shows "Robertson" as the correct spelling.

2.  It appears that the applicant used "Robertson" as his last name throughout his Army service and it was annotated as such on his WD AGO Forms 53.

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 his correct 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 record.  This should serve to clarify any questions or confusion in regard to the difference in the last name recorded in his military record and satisfy his desire to have his correct last name documented in his military record.

5.  There is no available evidence and there are no provisions for creating records to show that the applicant served at Fort Knox, Kentucky.  

6.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


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)                                         AR20130021710



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ABCMR Record of Proceedings (cont)                                         AR20130021710



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