Search Decisions

Decision Text

ARMY | BCMR | CY2015 | 20150001376
Original file (20150001376.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20150001376 


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 WD AGO 55 (Honorable Discharge from the Army of the United States) to show he was:

* a junior (Jr.) vice had the middle initial of J
* born in West Mansfield vice Mansfield, OH

2.  The applicant states his records are not correct; his name is incorrect and so is his place of birth.  He does not have a middle name so the initial J needs to be removed from his WD AGO 55 and Jr. needs to added to his name.  He was born in West Mansfield and not Mansfield.

3.  The applicant provides his WD AGO 55, birth certificate, and an affidavit.

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 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 the applicant's records were lost or destroyed in that fire.  However, he provided his WD AGO 55 which is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 55 shows he was inducted into the Army of the United States on 24 March 1943 at Columbus, OH, and he was honorably discharged on 18 June 1943 at Camp Blanding, FL. 

4.  His WD AGO 55 shows his name in three places on the form.  The first shows his name as C___r J. B_____g, the second shows his last name as B_____g, first name as C___r, and middle initial as J., and in the block of this form that states signature of Soldier, it shows his name as C___r Jr. B_____g.  It also shows his place of birth as Mansfield, OH.

5.  The applicant provides a State of OH Certificate of Birth, dated 20 October 1924, wherein it shows his name as C__r B_____g Jr. and that he was born in West Mansfield, OH.  He also provides an affidavit, dated 1 September 1945, wherein his father verified the applicant’s full name was C___r B_____g Jr. and he was born in West Mansfield, OH.

DISCUSSION AND CONCLUSIONS:

1. The applicant provides evidence that shows his full name is C____ B_____g Jr. and that he was born in West Mansfield, OH.  His WD AGO 55 shows his name listed as C___r J. B_____g and his signature block as C____ Jr. B______g.  It appears an error occurred during the preparation of this form when Jr. was listed in the signature block after his first name instead of after his last name and this error was compounded when the initial J was entered as his middle initial. 

2.  It is not clear if an error was made in listing his place of birth as Mansfield vice West Mansfield; however, as an error was made in the listing of his full name, it is reasonable to presume an error may have been made when listing his place of birth.  Therefore, it would be appropriate at this time to correct his WD AGO 55 to show his correct name and place of birth.



BOARD VOTE:

___x_____  ____x___  ___x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 55 by:

* deleting the three entries that show his name and replacing them with entries showing his first name as C___r and last name as B_____g Jr.
* deleting the entry that shows his place of birth as Mansfield and replacing it with the entry West Mansfield



      ___________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)                                         AR20150001376





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150001376



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2002 | 2002074370C070403

    Original file (2002074370C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The applicant provides a photo copy of a WD AGO Form 53-55 and a WD AGO Form 100 showing that Anthony W., born 16 July 1917, entered the Army on 22 October 1942, and was discharged on 5 December 1945. EVIDENCE OF RECORD : The applicant's military records show:

  • ARMY | BCMR | CY2002 | 2002067567C070402

    Original file (2002067567C070402.rtf) Auto-classification: Approved

    The applicant requests award of the Purple Heart; correction of item 6 (Organization) on his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show the 550th Airborne Infantry Battalion, 17th Airborne Division; and correction of item 11 (Place of Birth) on his WD AGO Form 53-55 to show “Paint Creek, West Virginia.” Therefore, the applicant is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records to...

  • ARMY | BCMR | CY2011 | 20110020741

    Original file (20110020741.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 17 April 2012 DOCKET NUMBER: AR20110020741 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). This Record of Proceedings will be filed in his official military personnel file to provide clarity and to deal with any confusion that may arise regarding the difference in the name under which he performed his military service and was separated vice the name he now uses.

  • ARMY | BCMR | CY2006 | 20060014180C071029

    Original file (20060014180C071029.doc) Auto-classification: Approved

    In support of her applications, the applicant submitted, in three submissions, addendums to the DD Form 149s, Application for Correction of Military Record; a copy of the FSM's WD AGO Form 53-55; a copy of the FSM's birth certificate; a copy of an application for pension or compensation, which was submitted to the Department of Veterans Affairs (VA), on 4 March 1946; a copy of a page extracted from the FSM's WD AGO Form 24, Service Record; a copy of a page she identified as having been...

  • ARMY | BCMR | CY2006 | 20060009189

    Original file (20060009189.txt) Auto-classification: Approved

    As there is no evidence which conclusively shows he was assigned to an infantry MOS, and that he was assigned to an infantry unit of brigade, regimental or smaller size while it was engaged in combat with the enemy, there is no basis for awarding the Combat Infantryman Badge to the applicant in this case. It is noted that on 20 May 1994, the United States Army Reserve Personnel Center, St. Louis, Missouri awarded the applicant the Bronze Star Medal based on award of the Combat Medical Badge...

  • ARMY | BCMR | CY2002 | 2002081514C070215

    Original file (2002081514C070215.rtf) Auto-classification: Approved

    The applicant requests that his WD AGO 53-55 (Honorable Discharge Certificate) be corrected to show his correct birth state of Missouri, and an additional award of the Bronze Star Medal. The applicant states that his birth state is Missouri and not Maryland as reflected on his WD AGO 53-55, and that he is entitled to an additional Bronze Star Medal because of his award of the Combat Infantryman Badge. That all of the Department of the Army records related to this case be corrected by...

  • ARMY | BCMR | CY1997 | 9707199

    Original file (9707199.rtf) Auto-classification: Approved

    The applicant requests correction of his discharge document to show “9th Infantry Division” instead of “Btry A 60th FA Bn” [Battery A 60th Field Artillery Battalion], credit for the Ardennes and Central Europe Campaigns, award of the Distinguished Unit Citation, and correction of his place of birth. However, evidence of record shows the applicant was assigned to and served with Battery A 60th Field Artillery Battalion; therefore, item 6 of the applicant’s WD AGO Form 53-55 is correct as...

  • ARMY | BCMR | CY2010 | 20100012123

    Original file (20100012123.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of Item 10 (Date of Birth) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge). In the absence of evidence showing an error clearly exists it has been determined the birth date shown on the applicant's WD AGO Form 53-55 is correct and no basis has been established to support the change requested.

  • ARMY | BCMR | CY2008 | 20080015388

    Original file (20080015388.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart, the American Defense Service Ribbon, and the American Campaign Service Ribbon. With respect to the American Defense Service Ribbon, there is no evidence that the applicant served between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer. Therefore, he is entitled to award of the American Campaign Medal...

  • ARMY | BCMR | CY2008 | 20080011768

    Original file (20080011768.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant states that he needs his records corrected to show his date of birth as 12 April 1924 so that he can obtain a passport. The applicant's military records are not available to the Board for review.