BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150004620 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 record to show his correct date birth (DOB) and first name. 2. The applicant states: a. he was born on ; and b. his first name contains a double ?n? and should be listed as ?Jxxnnxx? instead of “Jxxnxx.? 3. The applicant provides: * WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) * Honorable Discharge Certificate * Illinois Identification Card issued on 19 April 2012 * Social Security Card issued on 17 April 2012 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 (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the reconstructed NPRC file that includes his WD AGO Form 53-55. 3. The NPRC file includes a Report of Physical Examination and Induction dated 2 October 1942, prepared during the applicant’s induction processing. It list his DOB as and his first name as ?Jxxnxx.? 4. The applicant was inducted into and entered the Army of the United States on 19 October 1942. All documents maintained in his reconstructed NPRC File lists his DOB as and his first name as ?Jxxnxx.? There are no documents that list his DOB or first name differently. 5. On 19 December 1945 the applicant was honorably discharged from active duty having completed 3 years, 2 months, and 15 days of total active service. The WD AGO Form 53-55 issued to him at that time lists his DOB as ??and first name as ?Jxxnxx? and he authenticated this document with his signature thereby verifying that the information contained thereon was correct. 6. War Department Technical Manual 12-235 (Discharge and Release from Active Duty) provided the policy for the preparation, issue, and distribution of separation documents at the time of the applicant’s separation. The guidance contained in this publication provided for entering the last name, first name, and middle initial of the member as recorded in the Service Record. The member’s date of birth will be listed DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that the first name and DOB listed in his military record are in error and should be changed has been carefully considered. However, there is insufficient evidence to support this claim. 2. Although the applicant states his DOB is incorrectly listed in his military record and that it should read , this is the same DOB that is listed on all documents throughout his NPRC File and on his WD AGO Form 53-55. Therefore, there is no error related to his DOB as he claims and no action is required on this portion of the requested relief. 3. All documents contained in the applicant’s reconstructed NPRC file list the first name that the applicant now claims is incorrect. The NPRC file also includes a separation document that lists this same first name and the applicant authenticated this document with his signature. In effect, his signature on the WD AGO Form 53-55 was his verification that the information contained on the separation document, to include that his name was correct at the time the document was prepared and issued. 3. For historical purposes, the Army has an interest in maintaining the integrity of its records. The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. Therefore, there is no basis to correct or change the applicant’s first name as listed throughout her reconstructed NPRC File. 4. The applicant is advised that this Record of Proceedings will be filed in his NPRC file in order to provide clarity and to deal with any confusion that might arise regarding the difference in his first name. 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) AR20150004620 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004620 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1