IN THE CASE OF: BOARD DATE: 17 September 2013 DOCKET NUMBER: AR20130002599 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) to show his first name and middle initial as "William C" instead of "Claude W" and his day of birth as "12 September" instead of "17 September." 2. The applicant states his incorrect records could affect receiving any future veteran benefits since his records do not match his birth record. 3. The applicant provides his WD AGO Form 53-55, Certificate of Birth, and Social Security 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 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, the limited documents in his reconstructed record and those documents provided by the applicant are sufficient to conduct a fair and impartial review of this case. 3. He was inducted in Pittsburgh, PA on 17 June 1944. He completed his training as an automotive mechanic and he departed for Scotland on 25 March 1945. He participated in the Central Europe Campaign and departed for the United States on 2 September 1945. 4. On 1 November 1945, he was honorably discharged at Fort Indiantown Gap, PA. His WD AGO Form 53-55 shows his first name and middle initial as "Claude W" and his day of birth as "17 September." The applicant signed his WD AGO Form 53-55 with the same first name and middle initial as entered on the WD AGO Form 53-55. 5. His record contains a War Department Form 372A (Final Payment – Work Sheet), that shows the same first name and middle initial as shown on his WD AGO Form 53-55. He also signed this form with the same name. 6. The Certificate of Birth and Social Security Card provided by the applicant show his first name and middle initial as "William Claude" and his day of birth as the "12 September." 7. War Department Technical Manual 12-235 (Enlisted Personnel – Discharge and Release from Active Duty), dated January 1945, served as the authority for the preparation of the WD AGO Form 53-55. It provided that the WD AGO Form 53-55 would be prepared to reflect information as it existed in the official records at the time of separation. DISCUSSION AND CONCLUSIONS: 1. In the absence of his official records, it must be presumed that at the time of his discharge his WD AGO Form 53-55 was properly prepared to reflect the name and date of birth he was serving under at the time in accordance with the applicable regulation. 2. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct first and middle name and day of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 3. The applicant is advised that a copy of this decisional document will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the first and middle name and day of birth recorded in his military record and to satisfy his desire to have his correct first and middle name and day of birth documented in his record. 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 that 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) AR20130002599 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130002599 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1