IN THE CASE OF: BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150017110 BOARD VOTE: ____x____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150017110 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the last name "Anderson" from the applicant's WD AGO Form 53-55 and replacing it with the spelling of the last name listed on his WD Form 372A (Final Payment Worksheet). _____________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: 30 March 2017 DOCKET NUMBER: AR20150017110 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) to show his last name is correctly spelled "Andersen" vice "Anderson" and his separation date is 1946 instead of 1964. 2. The applicant states his last name is spelled incorrectly and his date of separation is incorrectly listed as 1964. 3. The applicant provides: * Certified copy of his WD AGO Form 53-55, issued in September 1964 * Birth certificate * Notification of Birth Registration * Medicare Card * United States Passport 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 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 his 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 document which would have shown the last name the applicant used upon his induction is not available for review with this case. 4. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty at Fort Logan, CO, on 12 April 1945. He held military occupational specialty 055 (Clerk, General) and he completed 1 year, 5 months, and 26 days of total active service. 5. On 7 October 1946, Headquarters, War Department Separation Center, Fort Bragg, NC published Special Orders Number 255 discharging him from the Army effective 19 October 1946. These orders listed his last name as "Anderson" (the letter "o" is listed as the seventh character). 6. The applicant's WD Form 372A (Final Payment Worksheet) listed his last name as "Andersen" (the letter "e" in the seventh character) and his discharge date is listed as 19 October 1946. 7. He was honorably discharged on 19 October 1946. Item 1 (Last Name- First Name- Middle Name) of his WD AGO Form 53-55 shows his last name as "Anderson" (the letter "o" is listed as the seventh character) and item 7 (Date of Separation) shows he was separated on 19 October 1946. 8. The applicant submitted: a. A copy of his WD AGO Form 53-55, given at the Separation Center, Fort Bragg, NC on 19 October 1946 showing the date of issuance as the “19th day of October 1964” (sic). This form also listed his last name as "Anderson" and item 7 (date of separation) contains the entry “19 October 1946.” b. Birth certificate, notification of birth registration, Medicare card, and United States Passport, all listing his last name as "Andersen." REFERENCE: Army Regulation 635-5 (Separation 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, previously known as the WD AGO Form 53-55, (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 service. It provides a brief record of active Army service at the time of release from active service, retirement, or discharge. DISCUSSION: The applicant's induction record is not available for review with this case. It is unclear what first name he used upon his induction. However, his reconstructed record contains a final pay document that listed his last name as "Andersen." This last name is consistent with his birth certificate, notification of birth registration, Medicare card, and United States Passport. It appears an administrative error was committed when his WD AGO Form 53-55 was prepared and his last name was inadvertently listed as "Anderson." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017110 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017110 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2