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ARMY | BCMR | CY2001 | 2001059452C070421
Original file (2001059452C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 16 August 2001
         DOCKET NUMBER: AR2001059452

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Ms. June Hajjar Chairperson
Mr. Thomas F. Baxter Member
Mr. John T. Meixell Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his Report of Separation, WD AGO Form 53-55, be corrected to show the correct spelling of his name, his correct date of birth, and the correct county in which he was residing at the time of his entry into service.

APPLICANT STATES: On behalf of the applicant, his Representative in Congress states that the applicant’s birth certificate shows that his name is spelled ___e, not ___o. His date of birth was 18 March 1917, not 19 March 1917. Shrewsbury, MA, his home address at the time of his entry into active duty, is not located in Clinton County, MA. In fact, there is no Clinton County in MA. Shrewsbury has been part of Worcester County since 1720. The applicant’s Record of Birth is provided as supporting evidence.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. The information contained herein was obtained from alternate sources.

The applicant’s Record of Birth shows he was born on 18 March 1917 with the name Paolo ___e.

The applicant’s induction document is not available. His WD AGO Form 53-55 shows that he was inducted into the Army on 8 March 1943. Item 27 shows his local Selective Service Board’s number was 53; item 28 shows “county and state” as Clinton, MA; and item 29 shows his home address at the time of his entry into service as “Shrewbury,” MA. It shows his date of birth as 19 March 1917. He separated on 22 October 1945. His WD AGO Form 53-55 shows his name as Paul P. ___o.

Technical Manual 12-235 does not give completion instructions for item 28 of the WD AGO Form 53-55, presuming that it was self-explanatory. The WD AGO Form 53-55 was meant to provide a brief, clear-cut record of active Army service at the time of separation.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually 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, this Board is reluctant to recommend that those records be changed.

2. The applicant’s records are not available. The Board cannot determine how his name was spelled or how his date of birth was listed on his induction documents or service records. While the Board understands the applicant’s desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records.

3. The Board notes that his address at the time of entry into service is misspelled.

4. In addition, it cannot be determined if item 28 of the WD AGO Form 53-55 was meant to designate the county location of the applicant’s home address or of the local Selective Service board. The Board acknowledges the Representative in Congress’ assertion that there is no Clinton County in Massachusetts. However, the Board will not change this item of information 55 years after the event without being sure what information was meant to be recorded.

5. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION
: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The Army Review Boards Agency Support Division will be requested to furnish the applicant a Notification of Change of Service Member’s Official Records, DD Form 1343, showing his name as Paul P. ___e, his date of birth as 18 March 1917, and the spelling of his home address at the time of his entry into service as “Shrewsbury.”

BOARD VOTE
:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__jh____ __tfb___ __jtm___ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2001059452
SUFFIX
RECON
DATE BOARDED 20010816
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.01
2.
3.
4.
5.
6.


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