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 applicants 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
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ABCMR Record of Proceedings (cont) AR20150001376
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