RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 January 2008 DOCKET NUMBER: AR20070012047 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. Ms. Catherine C. Mitrano Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. David K. Haasenritter Chairperson Mr. James R. Hastie Member Mr. Edward E. Montgomery Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to show his correct name. 2. The applicant states that his first and middle names were reversed on his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55). 3. The applicant provides a copy of his WD AGO Form 53-55; Separation Qualification Record (WDA AGO Form 100); Certificate of Birth issued on 27 October 1987; and his New York State Drivers License issued on 29 January 2002. 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. On 26 June 1943, the applicant was inducted into the Army of the United States. He completed his initial training and was assigned to the Pacific Theater of Operations as an entertainment specialist. On 28 March 1946, he was returned to the United States and discharged on 8 April 1946, with an honorable characterization of service. He had completed 2 years, 8 months, and 29 days of creditable active duty. 3. Item 1 (Last Name – First Name – Middle Initial) of the applicant's WD AGO Form 53-55 shows his first name and middle initial reversed from that shown on his birth certificate. 4. In reviewing the applicant's records, it is noted that when he signed his name on his WD AGO Form 53-55 and on his Final Pay Work Sheet (WD Form 372A), he entered it in the same order as it was typed, using as his first name, what is shown on his birth certificate as his middle name. DISCUSSION AND CONCLUSIONS: 1. The applicant served in the Army of the United States and was honorably separated using the name currently recorded in his military records. There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served. The fact that he now desires a change to the name for personal reasons is not a sufficiently mitigating factor that warrants granting this requested relief. 2. The Army has an interest in maintaining the accuracy 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. 3. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming his current name will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record, and satisfy his desire to have his name documented in his record. 4. In view of the above, the applicant’s request should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __JRH___ __DKH__ __EEM__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that 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. _ David K. Haasenritter_____ CHAIRPERSON INDEX CASE ID AR SUFFIX RECON DATE BOARDED 20080125 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 100 2. 3. 4. 5. 6.