IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140012122
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 her WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show her last name as "L---an" instead of L---on" and removal of the second middle initial "F."
2. The applicant states her last name is spelled incorrectly and the second middle initial "F" should be removed from her discharge documents.
3. The applicant provides copies of her:
* birth certificate
* certificate of marriage
* WD AGO Form 53-55
* Honorable Discharge Certificate
* Minnesota Driver's License
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provided that applications for correction of military records must be filed with 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records to excuse an applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants 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 that her 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 applicants WD AGO Form 53-55 shows she enlisted in the Womens Army Corps (WAC) on 6 February 1945 and entered active duty on 27 February 1945. Her last name is shown as L---. She was separated on 23 December 1945. She signed the form using that name.
4. Her Honorable Discharge Certificate shows her name as L---on.
5. Her Final Payment Worksheet shows her name as L---. She signed this form using that name.
6. The applicant provided a Minnesota Driver's License showing her last name as L---an.
DISCUSSION AND CONCLUSIONS:
1. The available records show the applicant was discharged under the name
L---on. There are no available records showing she used the name L---an during her service.
2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
3. In the absence of compelling information to the contrary, there is an insufficient basis for changing her records to show her name to that which she requested vice that which she served under during her period of service.
4. The applicant is advised that a copy of this decisional document will be filed in her official military personnel file. This should serve to clarify any questions or confusion in regards to the difference in the name she currently uses and the one recorded in her military record and satisfy her desire to have this name documented in her record.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20110009382
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140012122
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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