IN THE CASE OF:	  

		BOARD DATE:  19 March 2014

		DOCKET NUMBER:  AR20130011650 


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 (Enlisted Record and Report of Separation – Honorable Discharge) to show his last name as N____.

2.  The applicant states that N____ is the name of his biological father, which he now uses.

3.  The applicant provides copies of his State of Wisconsin Birth Record, State of Wisconsin Amended Certificate of Live Birth, State of Wisconsin Board of Health letter, and WD AGO Form 53.

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 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.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  On 5 October 1948, the applicant enlisted in the Regular Army.  He was honorably discharged on 23 June 1949.

4.  The WD AGO Form 53 shows his last name as A____.

5.  The documentation provided by the applicant shows his birth certificate was amended to show his last name as N____ on 9 April 1962.

DISCUSSION AND CONCLUSIONS:

1.  Based on the available records and the fact that the applicant changed his name after his discharge from military service, it is reasonable to presume that all of the applicant's military service records show he served exclusively under last name A____.

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 that the applicant now desires to record the last name shown on his amended birth certificate 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 military personnel records.  This should serve to clarify any questions or confusion regarding the difference between the last name recorded in his military records and the last name shown on his amended birth certificate.



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 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)                                         AR20130011650



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ABCMR Record of Proceedings (cont)                                         AR20130011650



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