IN THE CASE OF:	  

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090016259


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 the spelling of his first name be changed from MECESLAUS to MIECISLAUS.

2.  The applicant states his birth certificate lists his first name by the Polish spelling of MIECZYSLAW.  His baptismal certificate lists his first name as MIECISLAUS and this is what is shown on his Social Security card and his Medicare card.

3.  The applicant provides:

	a.  a statement, dated 7 September 2009;

	b.  a Certificate and Record of Birth from the State of New York;

	c.  a Certificate of Birth and Baptism from St. Stanislaus Kostka Church, Brooklyn, NY;

	d.  his DD Form 214 (Report of Separation from the Armed Forces of the United States); and

	e.  copies of his Social Security card and Medicare 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 was inducted into the Army of the United States for 2 years on 14 January 1952.  His DD Form 47 (Record of Induction) lists his first name as MECESLAUS.  His DD Form 98 (Loyalty Certificate) lists his first name as MECESLAUS and he signed this document as MECESLAUS.  His Standard Form (SF) 89 (Report of Medical History) completed during the induction process lists his first name as MECESLAUS and he signed this document as MECESLAUS.

3.  The applicant was separated on 17 December 1953.  His SF 88, completed at the time of separation, lists his first name as MECESLAUS and he signed this form as MECESLAUS.  His DD Form 214 lists his first name as MECESLAUS and he signed this form as MECESLAUS.

4.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his service records be corrected to show his first name as MIECESLAUS instead of MECESLAUS.

2.  The applicant provides a birth certificate that shows his first name as MIECZYSLAUS; he provides baptismal, Social Security and Medicare documents showing his first name as MIECESLAUS.

3.  Evidence of record shows the applicant enlisted and served using the first name of MECESLAUS throughout his entire period of service.  Those service records are consistent with the name he used at the time he served as shown by his signature on the documents.

4.  The Army has an interest in maintaining the integrity 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.  

5.  A copy of this decisional document, along with the applicant’s application will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion regarding the different names, and adequately document his first name 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)                                         AR20090016259



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ABCMR Record of Proceedings (cont)                                         AR20090016259



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