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ARMY | BCMR | CY2001 | 2001062662C070421
Original file (2001062662C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 24 January 2002
         DOCKET NUMBER: AR2001062662

         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:

Mr. George D. Paxson Chairperson
Mr. Walter T. Morrison Member
Mr. Richard T. Dunbar 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 amended to show his first name as Peter and his military occupational specialty (MOS) as Cannoneer, 610.

APPLICANT STATES: That the Commonwealth of Massachusetts legally changed his first name and that he was a cannoneer with the 3d Battalion, 115th Infantry Regiment, anti-tank platoon. He provides his WD AGO Form 53-55, his Honorable Discharge Certificate, and the court order changing his first name as supporting evidence.

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

The applicant was inducted into the Army on 8 April 1943 and entered active duty on 15 April 1943. He separated on 21 January 1946. His WD AGO Form 53-55 shows his first name as Suran and his MOS as Postal Clerk, 056.

On 17 November 1960, the Probate Court in the County of Middlesex, Commonwealth of Massachusetts changed the applicant’s first name from Souran (sic) to Peter.

Army Regulation 635-5 is the current regulation that prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service. It states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. At the time, Technical Manual 12-235 provided similar guidance for the preparation of the WD AGO Form 53-55.

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. Although the applicant legally changed his first name from Suran to Peter in 1960, it appears he appropriately served on and was released from active duty under the first name Suran. While the Board understands his desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records. This Board action will be filed in his military records so a record of his legal name change will be on hand.

3. The applicant’s records have been lost or destroyed and he provides no other evidence to show that his MOS was Cannoneer instead of Postal Clerk.

4. 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.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__gdp___ __wtm___ __rtd___ DENY APPLICATION



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




INDEX

CASE ID AR2001062662
SUFFIX
RECON
DATE BOARDED 20020124
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 100.01
2. 100.05
3.
4.
5.
6.


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