IN THE CASE OF: BOARD DATE: 18 February 2016 DOCKET NUMBER: AR20150008262 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 first name as "Ma___n" instead of "Mu___y." 2. The applicant states, in effect, he dislikes the name "Mu___y" and wants "Ma___n" on his gravestone in the Veteran's Cemetery. He states the error was in the pronunciation at the time of his entry into military service in 1943. He let it stand and was told it was too much trouble to change it. He is now 90 years old, in failing health, and he is known everywhere as "Ma___n." 3. The applicant provides copies of his driver license and Department of Veterans Affairs (VA) identification 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 on 22 April 1943. He entered into active service on 29 April 1943. 3. He served in the European Theater of Operations from 12 November 1944 through 17 July 1945 and the Western Pacific Theater of Operations from 23 August 1945 through 15 January 1946. 4. The applicant was honorably discharged on 14 February 1946, in the rank of private first class. The WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) he was issued at the time of his discharge lists his first name as "Mu___y." He authenticated this form using this first name. 5. His record contains numerous documents from his induction through his discharge which list his first name as "Mu___y." 6. The applicant provides copies of his driver license and VA identification card which list his first name as "Ma___n." 7. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, and Army Regulation 635-8 (Separation Processing and Documents), currently in effect, prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. These regulations establish standardized policy for the preparation of the separation document. In pertinent part, they state that the separation document is a synopsis of the Soldier's most recent period of continuous active duty and 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's record contains a copy of his WD AGO Form 53-55, which documented his military service from 22 April 1943 through 14 February 1946. His first name is listed as "Mu___y" and he authenticated this form by using this name. This name is also consistent with other documents used during his military service. It does not appear he used the first name "Ma___n" at any time during his period of service. 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 the applicant desires to now record a different first name 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. A copy of this decisional document will be filed in the applicant's military records. This should serve to clarify any questions or confusion regarding the difference in the name he now uses and the name under which he served. 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) AR20150008262 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008262 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1