IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150005581 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 item 1 (Last Name – First Name – Middle Initial) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his: * first name as "" instead of "" * middle name as "" instead of the initials "C. E." 2. The applicant states the error occurred because the family album shows his name as " C. PXXXXX." After obtaining a copy of his birth certificate he discovered this was incorrect. He has legal documents showing his correct name is "  PXXXXX." 3. The applicant provides copies of the following: * WD AGO Form 53-55 * DD Form 215 (Correction to DD Form 214 (i.e., WD AGO Form 53-55)) * DD Form 1343 (Notification of Change in Service Member's Official Records) * Birth certificate * Medicare 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 the cases 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. 2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, the documents the applicant provided along with the documents in a reconstructed record are sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States (AUS) and entered active duty on 9 May 1944. He was honorably discharged on 7 June 1946. His WD AGO Form 53-55 shows in: * Item 1 – his first name as "" and the initials "C. E." for his middle names * Item 54 – the impression of his right thumb print * Item 56 – his signature corresponding with the name entered in item 1 4. On 6 October 2009 he was issued a DD Form 215 correcting his date of birth (DOB). With that request he provided a South Carolina birth certificate, issued on 1 September 2009, which identified an individual with the first name of "" and middle name of "." Item 1 (Name (Last, First, Middle)) of his DD Form 215 listed his first name as "" and the initials "C and E" for his middle names. 5. He currently provided copies of the following: * DD Form 1343, dated 6 October 2009, showing his DOB was corrected * South Carolina birth certificate, issued on 26 March 2015, which identifies an individual with the first name of "" and the middle name of "" * Medicare Health Insurance Card listing his first name as "" and the initial "E" for his middle name 6. War Department Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provided uniform procedures for discharging or releasing personnel from active duty. The instructions for completing the WD AGO Form 53-55 stated that the form was completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by an interview with the dischargee. Chapter 3 of the technical manual provided item-by-item instructions for the completion of the WD AGO Form 53-55. The instructions stated: * Item 1 – would list the name typed in the sequence indicated as [Last Name – First Name – Middle Initial] * Item 54 – would contain the impression of the individual's right thumb print * Item 56 – would contain the signature of the individual being separated DISCUSSION AND CONCLUSIONS: 1. The applicant served in the AUS using the first name of "" and the initials "C. E." for his middle names/initials. It appears he used this name throughout his entire period of service. Items 54 and 56 of his WD AGO Form 53-55 contain the impression of his right thumb print and his signature corresponding with the name listed in item 1 of this form. These items attest to the fact that the information recorded on the form was, to the best of his knowledge, accurate and complete. 2. There is no evidence of record and he did not provide sufficient evidence showing item 1 of his WD AGO Form 53-55 contains an error in his first and middle names. Absent convincing independent and verifiable evidence to the contrary, it is presumed that his WD AGO Form 53-55 was correct at the time it was prepared. 3. For historical purpose, the Army has an interest in maintaining the integrity 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable that he now desires to record the first and middle names he currently uses on his WD AGO Form 53-55, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. 4. A copy of this decisional document will be filed in his records to clarify the difference between the current first and middle names and the first and middle names he used during his period of active service. 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) AR20150005581 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005581 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1