ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 October 2019 DOCKET NUMBER: AR20190008985 APPLICANT REQUESTS: correction of his military records to show his name as instead of APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NA Form 13038 (Certification of Military Service) * License and Certificate of Marriage * Social Security Card * United States of America Passport * MEDICARE Health Insurance Card FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant was inducted into the Army of the United States on 12 April 1951, under the name 3. He reenlisted in the Regular Army on 3 February 1953, under the name 4. He was honorably discharged on 19 April 1955. His available military records do not record the name he requests. 5. The applicant provides a copy of his social security card, passport and certificate of marriage which lists his name as he requests, 6. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the belief that his records were lost or burned in the fire at the personnel center, his name as it appears in the records with corresponding signatures and name that appears on his certification of military service. The Board considered the social security card, passport and certificate of marriage which lists his name he requests. Based on a preponderance of evidence, the Board determined that a correction to his record was appropriate. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending the NA Form 13038 for the period of service ending 19 April 1955 to reflect 8/17/2020 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. NOTHING FOLLOWS