IN THE CASE OF: BOARD DATE: 7 August 2009 DOCKET NUMBER: AR20090005372 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 records to show his name as "W*** F** T**" instead of "T** W***" and his date of birth (DOB) as "22 " instead of "17 ." 2. The applicant states that the name and DOB were incorrectly recorded due to language miscommunication. 3. The applicant provides a copy of his Washington State Identification Card; a copy of his Health Insurance Card; a copy of his U.S. Citizen Identification Card; and a copy of his Department of Veterans Affairs Card, in support of his request. 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 to the Board 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 for the Board to conduct a fair and impartial review of this case. 3. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows he was inducted in the Army of the United States on 18 November 1942 and entered active duty in New York City, NY, on 25 November 1942. A copy of his induction record is not available for review with this case. 4. The applicant’s WD AGO Form 53-55 also shows that at the time of his separation he held military occupational specialty 060 (Cook). He was honorably separated on 27 October 1945. 5. Item 1 (Last Name, First Name, Middle Name) of the applicant’s WD AGO Form 53-55 shows his name as "T** W***" and item 10 (Date of Birth) shows the entry "16 AUG 06" indicating he was born on 16 August 1906. 6. The applicant’s WD AGO Form 01502 (Honorable Discharge Certificate), dated 27 October 1945, show his name as “W*** T**.” 7. The applicant’s WD Form 372A (Final Payment-Worksheet), dated 23 October 1945, shows his name as "T** W***." 8. The applicant submitted copies of his Washington State Identification Card which shows his name as "W*** F** T**" and his DOB as "22 "; his Health Insurance Card which shows his name as "T**, W*** F**"; his Department of Veterans Affairs Card which shows his name as "T**, W*** F**" and his DOB as "22 "; and his U.S. Citizen Identification Card which shows his name as "T**, W*** F**" and his DOB as "22 ." DISCUSSION AND CONCLUSIONS: 1. The applicant requests his records be corrected to show his name as "W*** F** T**" instead of "T** W***" and his date of birth (DOB) as "22 " instead of "17 ." 2. The applicant’s induction record is not available for review with this case. It is unclear what name and/or DOB the applicant used upon his induction into the Army of the United States. However, his reconstructed record contains a copy of a properly constituted WD AGO Form 53-55 that show his name as "T** W***" and his DOB as "16 August 1906." While it appears that his DOB may be in error, in the absence of evidence to the contrary, it is presumed that the name and DOB shown on his WD AGO Form 53-55 are correct. 3. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the records in this case. 4. A copy of this decisional document along with the applicant’s application will be filed in his military service records. This should serve to clarify any questions or confusion regarding the applicant’s different names and DOBs and adequately document his name and DOB in his record for the purpose of entitlement to veterans' benefits. 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) AR20090005372 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090005372 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1