BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017656 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 BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017656 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. BOARD DATE: 6 April 2017 DOCKET NUMBER: AR20150017656 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, through his Member of Congress, requests correction of his records to show his court-ordered name change of "Txxxxxx R__ Exxxx." 2. The applicant states, in effect, he has been making funeral arrangements and desires to have his court ordered name listed on his place marker. He has used his court-ordered name since his discharge from the Army. 3. The applicant provides: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), dated 6 February 2016 * Privacy Act Release statement from his Member of Congress, dated 13 June 2016 * DD Form 256A (Honorable Discharge Certificate), dated 12 December 1945 * City of New York Court Form B-8351, dated 11 August 1947 * a letter from an attorney, dated 2 October 1947, with photocopies of two notice orders 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 that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents recovered to reconstruct his record and those documents were provided for the Board to conduct a fair and impartial review of this case. 3. The applicant was inducted into the Army of the United States (AUS) on 27 March 1943 and entered active duty on 3 April 1943. 4. The available evidence contains various personnel, finance, and other documents that show his name as "Txxxxxxx Ehxxxxxxxxd." Many of these documents were authenticated by the applicant using this name. There is no evidence he served under the name of "Txxxxxx R__ Exxxx" during his period of military service. 5. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) shows he was honorably discharged on 12 December 1945. Item 1 (Last Name - First Name - Middle Initial) of his WD AGO Form 53-55 shows his name as "Ehxxxxxxxxd Txxxxxxx." 6. The applicant provides: a. A City Court of the City of New York, County of the Bronx, Form B-8351, dated 11 August 1947, which certifies the applicant was granted a name change from "Txxxxxxx Ehxxxxxxxxd" to "Txxxxxx R__ Exxxx." b. A letter from an attorney, with copies of the notice order authorizing the applicant to use his new name. c. His Honorable Discharge Certificate, dated 12 December 1945, which shows his name as "Txxxxxxx Ehxxxxxxxxd." REFERENCES: War Department Technical Manual 12-236 (Preparation of Separation Forms), then in effect, and Army Regulation 635-5 (Separation Documents) 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 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: 1. The applicant's contested name "Txxxxxxx Ehxxxxxxxxd" was utilized consistently throughout his military service. This was the name he used when he was discharged from military service. There is no evidence he served under the name "Txxxxxx R__ Exxxx" during his period of military service from 3 April 1943 through 12 December 1945. 2. The WD AGO Form 53-55, in effect at the time, was a document used to record a Soldier’s period of active service and contains the most accurate information available at the time of separation to include a Soldier’s name. Although the applicant provides evidence of a court-ordered name change, it occurred after his separation from military service. 3. For historical purposes, the Army has an interest in maintaining the integrity 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. 4. The applicant is advised that a copy of this decisional document, which confirms his name change, will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regards to the difference in the name recorded in his reconstructed record and the 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) AR20150017656 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017656 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2