IN THE CASE OF:  

		BOARD DATE:  27 July 2020

		DOCKET NUMBER:  AR20190015473


APPLICANT REQUESTS:  the applicant, the wife of a deceased former service member 
(FSM), requests, in effect, the following corrections of the FSM's DD Form 214 (Report 
of Separation from the Armed Forces of the United States) dated 9 October 1951 – 

*	show his name as reflected on his birth certificate (requested name) instead of 
the name on his DD Form 214 (contested name) 
*	show his date of birth (DOB) reflected on his birth certificate (requested DOB) 
instead of the DOB on his DD Form 214 (contested DOB) 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Commonwealth of Puerto Rico Birth Certificate, dated 8 April 2014
*	WD AGO 53-55 (Enlisted Record and Report of Separation), dated 3 April 1946
*	DD Form 214
*	Death Certificate, dated 4 June 2019

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 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 states, in effect, that due to a typographical error, she would like the 
FSM’s name and DOB corrected to reflect those listed on his certificate of birth.

3.  The FSM was inducted in the United States Army on 8 September 1944 and he was 
placed on the permanent disability retirement rolls on 30 September 1954.  The FSM’s 
WD AGO 53-55 and DD Forms 214 reflect the contested name and contested DOB.  
The FSM also signed these forms using the contested name.

4.  The FSM's available military records listing his name and/or DOB and/or his 
signature all show the contested name and the contested DOB.  None of his military 
records reflect the requested name or the requested DOB.

6.  The applicant provides the FSM's birth and death certificates, which reflect the 
requested name and the requested DOB.  


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.

2.  The Board noted that the FSM used the contested name and DOB throughout his 
military service without exception, to include signing documents using the contested 
name.  The Board found insufficient evidence of mitigating factors that would support a 
recommendation for relief in this case.

3.  The applicant is advised that a copy of these proceedings will be filed in the FSM's 
Official Military Personnel File.  This should serve to clarify any questions or confusion 
about the difference in the name and DOB recorded in his military records and the 
name and DOB on his birth certificate and other documents.

4.  The Board concurred with the correction described in Administrative Note(s) below.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:		:	:	GRANT FULL RELIEF

:		:	:	GRANT PARTIAL RELIEF

:		:	:	GRANT FORMAL HEARING

:     	:	:	DENY APPLICATION


?
BOARD DETERMINATION/RECOMMENDATION:

Other than the correction described in Administrative Note(s) below, the Board 
determined 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 
otherwise insufficient as a basis for correction of the records of the individual 
concerned.

		  
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.


ADMINISTRATIVE NOTE(S)

Headquarters, Camp Losey, Puerto Rico, General Orders Number 30, dated 21 April 
1954, announced award of the Army Good Conduct Medal to the former service 
member for the period 13 November 1950 to 12 November 1953.  Add this award to his 
DD Form 214 for the period ending 30 September 1954.


REFERENCES:

1.  Title 10, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.  Special Regulation 615-360-1 (Enlisted Personnel and Preparation of Separation 
Forms) dated 20 June 1950, provided an outline of the procedures to be followed in 
effecting discharge of enlisted personnel for any cause, in any type of organization or 
separation activity.  Dischargees will be interviewed for the purpose of securing 
information necessary for the completion of processing for separation and to obtain all 
the data necessary for the completion and closing of the individual's military records.  All 
available records of the candidate for discharge will be assembled prior to the interview.  
The following records will be used as a basis for preparation of the separation certificate 
and the Report of Separation:

*	Service Record (WD AGO Form 20)
*	Soldier's Qualification Card (DA AGO Form 20)
*	Citations

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190015473


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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