IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140016336
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, son of a former service member (FSM), requests correction of his father's records to show his name as M____ B_j___ with no middle name or initial instead of M____ L. B_g___.
2. The applicant states a typographical error occurred and the FSM would like his records to show his correct last name before he dies.
3. The applicant provides:
* State of Arizona Delayed Certificate of Birth
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* general power of attorney
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 FSM was inducted into the Army of the United States on 2 July 1942 under the name M____ L____ By___.
3. The FSM's records contain a WD AGO Form 0622 (Index Sheet), dated 4 September 1942, documenting correction of the FSM's name to read M____ L____ B_g___ in lieu of M____ L. By___. The FSM's records also contain a sworn affidavit, dated 4 September 1942, wherein he stated, "My name is M____ L____ B_g___ and not M____ L. By___."
4. On 24 September 1945, the FSM was honorably discharged. His WD AGO Form 53-33 shows his name as M____ L. B_g___.
6. The applicant provided a copy of the FSM's State of Arizona Delayed Certificate of Birth originally filed on 9 May 1945 showing the FSM's full name at birth as M____ B_j___. His father's last name is shown as B_j___ and his mother's maiden name is shown as L____.
7. War Department Technical Manual 12-235 (Enlisted Personnel Discharge and Release from Active Duty), in effect at the time, prescribed policies and procedures for preparation and distribution of separation documents. It stated the report of separation would be completed from the member's service record, Soldier's qualification card, immunization register, and information ascertained by interview with the dischargee.
DISCUSSION AND CONCLUSIONS:
1. In September 1942, the FSM had his records corrected to show his name as M____ L____ B_g___.
2. While it is understandable that he now desires to record the name shown on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. 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 a change to those records.
3. The applicant is advised that a copy of this decisional document will be filed in the FSM's military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in his military records and the name that is shown on his birth certificate.
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) AR20140016336
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ABCMR Record of Proceedings (cont) AR20140016336
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