IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012639 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012639 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012639 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 WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his first name as O___ instead of S____ and to show his completion of grammar school. 2. The applicant states: * he graduated from San Jacinto grammar school and started high school but could not afford to continue * he quit school in order to go to work to support his mother and two sisters because his father was deceased * he changed his name from S____ O. S____ to O____ S____ on 12 November 1985 3. The applicant provides: * self-authored statement * Army of the United States Honorable Discharge Certificate * WD AGO Form 53-55 * name change court order 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 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 to conduct a fair and impartial review of this case. 3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 14 January 1943. A copy of his induction document which would have shown the first name he used upon his induction is not available for review with this case. 4. His WD AGO Form 53-55 shows in item 42 (Education (Years)) he did not complete grammar school, high school or college. 5. War Department Form 372B (Final Payment – Work Sheet – Memorandum Copy), dated 24 January 1946, shows his first name as S____. 6. He was honorably discharged on 24 January 1946. His WD AGO Form 53-55 shows his first name as S____. He signed his WD AGO Form 53-55 in item 56 (Signature of Person Being Separated) using the first name S____. 7. His Army of the United States Honorable Discharge Certificate, dated 24 January 1946, shows his first name as S____. 8. The applicant provided a District Courts, El Paso County, TX, order, dated 12 November 1985, changing his name from S___ O. S____ to O____ S____. 9. There is no evidence of record and the applicant has not provided any showing he completed grammar school. REFERENCES: 1. Army Regulation 635-8 (Separation Processing and Documents), prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the discharge document (currently known as the DD Form 214 (Certificate of Release or Discharge from Active Duty). The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief record of active Army service at the time of release from active duty, retirement, or discharge at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION: 1. The applicant's induction record is not available for review with this case to see what first name he used upon his induction. However, his reconstructed records contain a copy of his WD AGO Form 53-55, discharge certificate, and final pay worksheet which all show his first name as S___. The court order he provided shows he did not change his first name until November 1985, nearly 40 years after his Army discharge. 2. Although the applicant states he completed grammar school, there is no record of evidence and he has not provided any to show the entry pertaining to education on his WD AGO Form 53-55 is incorrect. 3. 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 that the applicant desires to now record his current 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. 4. A copy of this decisional document, which confirms his legal name change, will be filed in his official military records. This should serve to clarify any questions or confusion regarding the difference in the last name recorded in his military record and the last name he currently uses. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012639 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012639 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2