IN THE CASE OF:
BOARD DATE: 4 December 2014
DOCKET NUMBER: AR20140006853
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 discharge documents to reflect his birth date as 26 November 1919 instead of 26 December 1919 and his last name as M__G__ instead of M__C__.
2. The applicant states he hopes to avoid problems arising from the discrepancies.
3. The applicant provides:
* Honorable Discharge Certificate
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* WD AGO Form 100 (Separation Qualification Record)
* birth certificate
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 WD AGO Form 53-55 and WD AGO Form 100 show he was inducted into the Army of the United States on 30 April 1945 and was honorably discharged from the service on 22 August 1946. His date of birth is shown as 26 December 1919 and his last name is spelled as M__C__ on both documents. His name is spelled as M__C__ on his Honorable Discharge Certificate.
3. The applicant's records contain a WD AGO Form 20 (Soldiers Qualification Record) which reflects his date of birth is 26 November 1919 and his last name is spelled M__G__.
4. The applicant provided a copy of his birth certificate which shows his birth date is 26 November 1919 and his last name is spelled M__G__.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his discharge documents should be corrected to show his birth date as 26 November 1919 and his last name spelled as M__G__ was carefully considered.
2. The record of evidence corroborates the applicant's requested date of birth and spelling of his last name with those listed on his birth certificate.
3. Therefore, his WD AGO Form 53-55 should be corrected to show his date of birth as 26 November 1919 and the spelling of his last name as M__G__. He should be re-issued an Honorable Discharge Certificate showing the spelling of his last name as M__G___.
4. Unfortunately, unlike the WD AGO Form 53-55 that can be corrected with the currently-used DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), there is no way to correct his WD AGO Form 100. He may use this Record of Proceedings as verification that the WD AGO Form 100 contains a misspelling of his name.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to show his birth date as 26 November 1919 and the spelling of his last name as M__G__ as shown on his birth certificate and re-issuing him an Honorable Discharge Certificate to show the spelling of his last name as M__G__ as shown on his birth certificate.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommended denial of so much of the applicant that pertains to correcting his WD AGO Form 100.
___________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) AR20140006853
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140006853
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