IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150001923
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 Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and his Honorable Discharge (HD) Certificate to show his name as "R__ W. J___."
2. The applicant states his name is incorrect on his WD AGO Form 53-55 and his Honorable Discharge Certificate. His name is R___ W___ J___.
3. The applicant provides:
* WD AGO Form 53-55
* Certificate of Training
* Health Insurance card
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 military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using the documents provided by the applicant.
3. He provides his WD AGO Form 53-55 which shows he was inducted into the Army of the United States and entered active duty on 7 November 1945.
4. A Certificate of Training, dated 9 November 1946, shows he satisfactorily completed training in the Medical Department as Medical Technician, military occupation specialty 409. His name appears as "R___ W. J___" on this certificate.
5. On 26 December 1946, the applicant was honorably discharged from the Army of the United States. Item 1 (Last Name - First Name Middle Name) of his WD AGO Form 53-55 shows the entry "R___, J____ W." Item 56 (Signature of Person Being Transferred or Discharged) of this form shows he signed his name as "R___ W. J____". His HD Certificate shows his name as "J__ W. R__."
6. His health insurance card shows his name as "R___ W. J____."
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. The regulation in effect at the time of the applicant's separation stated the complete name of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
Although the applicant's complete military records are not available, his Certificate of Training and health insurance card confirm the correct spelling of his name as "R__ W. J___." Additionally, Item 56 of his WD AGO Form 53-55 shows he signed his name as "R__ W. J___." Therefore, he is entitled to correction of his WD AGO Form 53-55 and his Honorable Discharge Certificate to show his name as "R___ W. J___."
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 deleting the entry in item 1 of his WD AGO Form 53-55 and replacing it with the entry "J___, R___ W" as it is listed on his Certificate of Training and issuing him a new HD Certificate with his name listed as shown on his Certificate of Training.
_______ _ _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) AR20150001923
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150001923
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080009455
Application for correction of military records (with supporting documents provided, if any). The evidence of record confirms that both the FSM and his mother provided the recruiter a copy of the FSMs Certificate of Baptism to confirm that he was at least 17 years of age at the time of his 1 December 1947 enlistment in the Army, as evidenced by the 29 November 1947 notarized affidavit on file. In addition, the FSM was found to be mentally and physically fit for military service by...
ARMY | BCMR | CY2010 | 20100020646
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show: * his branch of service * his correct date of birth (DOB) * the correct spelling of his last name 2. The evidence clearly shows a clerical error in the recording of his DOB on his WD AGO Form 53-55.
ARMY | BCMR | CY2014 | 20140002176
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the correct spelling of his last name as "Schumacher" vice "Schumaker." 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 the spelling of his last name as...
ARMY | BCMR | CY2009 | 20090006751
The applicant requests, in effect, that his middle initial be corrected in his military records. Item 1 (Last Name - First Name - Middle Name) of the applicant's WD AGO Form 53-55 shows the applicant's middle initial as a "V." 4. The evidence shows the applicant was inducted into the Army of the United States and at the time was identified as having a middle name that began with the letter "V." 2.
ARMY | BCMR | CY2011 | 20110006233
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in two separate applications, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Belgian Fourragere and his last name as H-----c--. Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere.
ARMY | BCMR | CY2002 | 2002068726C070402
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: The first name recorded in the applicant’s military records is the same one that was recorded and is still on his birth certificate.
ARMY | BCMR | CY2012 | 20120022430
The applicant provides: a. The applicant contends the name recorded in his military service record should be corrected because it does not correspond with his name as recorded on his birth certificate, Social Security card, and other official records. The applicant's military service record clearly shows his preferred name (i.e., with the middle initial "F") and he signed several documents during his military service with his signature that included the middle initial "F." In addition, the...
ARMY | BCMR | CY2003 | 2003091778C070212
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 June 2004 DOCKET NUMBER: AR2003091778 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of...
ARMY | BCMR | CY2009 | 20090005372
ARMY | BCMR | CY2014 | 20140007028
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his legal name as F____ T____. 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. A review of his records shows he used the name J____ S____ throughout his...