RECORD OF PROCEEDINGS


      IN THE CASE OF:

      BOARD DATE:         16 SEPTEMBER 2004
      DOCKET NUMBER:  AR2003099237


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Luther Santiful               |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Ms. Marla Troup                   |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the name “Xxxx Xxxx” be added to his
separation document.

2.  The applicant states, in effect, that because he was only 16 years old,
he enlisted and served in the Army under his brother’s name “Xxxx X. Xxxx."
 He states that at the time of his discharge he informed officials of his
circumstances and that his records were then “cross index[ed]” under both
names.

3.  He states that over the past several years he has been receiving
medical treatment from the Department of Veterans Affairs (DVA), but was
recently told that he could no longer receive treatment because his
military service could not be confirmed.  He notes that all of his copies
of his military records were lost during Hurricane Andrew in Florida.

4.  The applicant provides a self-authored statement, a statement from his
brother Xxxx, a copy of his birth certificate and marriage certificate, a
statement from his former spouse, a copy of a court document, and a copy of
a DVA certificate of eligibility from 1964 certifying his military service
under the name “Xxxx Xxxx (served as Xxxx X. Xxxx).”

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 23 May 1952.  The application submitted in this case is
dated
3 December 2003.

2.  Title 10, U.S. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.
4.  A Certification of Military Service, issued by the National Personnel
Records Center in April 1953 indicates that “Xxxx X. Xxxx” entered active
duty on
23 June 1948 and was honorably discharged on 23 May 1952.

5.  Documents provided by the applicant indicate that he (Xxxx) was born on

31 May 1932, which would have made him 16 in June 1948.  The birth
certificate notes that 3 additional children, all of whom were living, had
been born to his mother.

6.  A marriage certificate, provided by the applicant, indicates that in
February 1952 “Xxxx X. Xxxx” was married in Yonkers, New York.  A statement
from the applicant’s spouse, who does not reside with the applicant,
indicates that she married Xxxx Xxxx in February 1952 while he was still in
the Army and that he used his brother Xxxx's name.  She also included a
copy of a 1958 court subpoena addressed to the applicant as “Xxxx Xxxx,
also known as Xxxx Xxxx Xxxx.”  The subpoena was associated with a monetary
judgment against the applicant by his spouse.

7.  In 1964 the Veterans Administration issued a Certificate of Eligibility
certifying that “Xxxx Xxxx (served as Xxxx X. Xxxx)” was entitled to
veteran home loan benefits.

8.  An undated Department of Veterans Affairs Patient Data Card was issued
in the name of “Xxxx Xxxx” and reflected the applicant’s social security
number.  In October 2003, however, the Department of Veterans Affairs
informed the applicant that “Veterans applying for VA health care benefits
are responsible for providing proof of active military service.  According
to our records and those maintained by the Dept of Veteran’s Affairs, we
have not been able to substantiate your active duty service.”  There is no
indication that Xxxx Xxxx has ever received benefits from the Department of
Veterans Affairs.

9.  In October 2003 the applicant’s brother “Xxxx" stated that he never
served in the military and that his brother “Xxxx” enlisted and served
utilizing his name and date of birth.

10.  Army Regulation 635-5 and Army Regulation 635-205, in effect at the
time, both provided that individuals discharged or released from active
duty would be “furnished a factual record of military service rendered, the
character and duration thereof, and the type of separation on Department of
Defense Form 214.”

11.  In the absence of more complete records, officials at the Army Review
Board’s Agency Support Activity in St. Louis, indicated that a Department
of Defense Form 303a (Certificate in Lieu of Lost or Destroyed Discharge)
is issued.

DISCUSSION AND CONCLUSIONS:

1.  The evidence does confirm that Xxxx Xxxx was born in 1932 which would
have made him only 16 in 1948.  It appears that he did serve in the Army
utilizing his brother’s name.  This is confirmed not only in statements
submitted in support of the applicant’s request, but also in the 1958 court
subpoena and the 1964 certificate of eligibility for Department of Veterans
Affairs housing benefits.

2.  The evidence also confirms that the applicant has been receiving
Department of Veterans Affairs medical benefits until the discrepancy in
his separation document was apparently realized in October 2003.  The
patient identification card and October 2003 letter from the Department of
Veterans Affairs confirms this conclusion.

3.  While the Army does have an obligation for historical purposes to
maintain records as they were constituted at the time of creation, in this
particular case, it would be appropriate, and in the interest of equity and
compassion, to issue the applicant a Department of Defense Form 303a
showing that “Xxxx Xxxx” served in the military under the name “Xxxx X.
Xxxx.”

4.  To ensure that future confusion is avoided, it would also be
appropriate to add the applicant’s social security account number to the
certificate of service document, in addition to his service number.

BOARD VOTE:

__LS____  ___JM __  ___MT __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

      a.  issuing a Department of Defense Form 303a reflecting that “Xxxx
Xxxx” served utilizing the name of “Xxxx X. Xxxx;” and


      b.  including the applicant’s social security number on the form in
addition to his service number.





                            ______Luther Santiful_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2003099237                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040916                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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