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ARMY | BCMR | CY2002 | 2002075955C070403
Original file (2002075955C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 December 2002
         DOCKET NUMBER: AR2002075955


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

Mr. Carl W. S. Chun Director
Mrs. Joyce A. Hall Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Ms. Barbara J. Ellis Member
Mr. William D. Powers Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests correction of his records to show the correct spelling of his last name and to show his correct date of birth.

3. The applicant makes no other contention; however; in support of his requests he submits a copy of his WD AGO 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) and a copy of his birth certificate.

4. 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 reconstructed personnel records and shows that the applicant was inducted into the Army of the United States on 10 February 1943. On
16 December 1945, the applicant was honorably discharged from active duty.

5. The applicant's WD AGO 53-55 shows the spelling of his last name as
G------s and shows his date of birth as 29 September 1923. The applicant authenticated the spelling of his last name on his WD AGO 53-55 in his own hand as G------z and his date of birth as 29 September 1923.

6. Headquarters, 8th Armored Division General Orders Number 20, dated
22 April 1945, authorized the applicant the Purple Heart. The General Orders show the spelling of his last name as G------z.

7. The birth certificate provided by the applicant shows the spelling of his last name as G------z. The certificate also shows his date of birth as 20 November 1923.

8. Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 (Enlisted Record and Report of Separation) during World War II. The regulation states, in pertinent part, that the service member's name will be placed in item 1 (Last Name, First Name and Middle Initial). Further, this Technical Manual requires that the individual’s date of birth be entered in Item 10 (Date of Birth) of the WD AGO Form 53-55.

CONCLUSIONS:

1. The Board considered the applicant's request to correct the spelling of his last name from G------s to G------z.

2. The applicant's reconstructed record shows that his last name was spelled
G------z during his service in World War II. However, the applicant's discharge document shows his last name was spelled G------s. The Board determined that the correct spelling of his last name G------z; therefore, it would be appropriate to correct his discharge document to show his last name ending in "z."

3. The Board considered the applicant's request to change his date of birth shown on his WD AGO Form 53-55 from 29 September 1923 to 20 November 1923.

4. The applicant provided a notarized birth certificate from the Commonwealth
of Puerto Rico, which shows that, his date of birth was 20 November 1923. Therefore, the Board determined that the applicant's WD AGO Form 53-55 should be corrected to show his birth date as 20 November 1923.

5. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the last name of the individual concerned is spelled G-----z and that his birth date is 30 November 1923.

BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

___LLS__ ____BJE ____WDP DENY APPLICATION




                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2002075955
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/12/17
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.0100
2. 100.0900
3.
4.
5.
6.


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