RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 JUNE 2005
DOCKET NUMBER: AR20040008511
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 |
| |Mr. Kenneth H. Aucock | |Analyst |
The following members, a quorum, were present:
| |Mr. Joe Schroeder | |Chairperson |
| |Mr. Lawrence Foster | |Member |
| |Ms. Jeanette McCants | |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 her deceased father’s first name on his 14
June 1956 report of separation be corrected by showing his first name as
“Ernest,” vice “Ervis.”
2. The applicant states that his first name on his report of separation is
incorrect. They were going to get a plaque from the VFW (Veterans of
Foreign Wars) for his grave, when they noticed his first name was
incorrect.
3. The applicant provides a copy of the report of separation of the former
service member (FSM), a copy of a death certificate, and copies of his
social security card, driver’s license, voter registration card, and VFW
membership card. She provides a copy of her birth certificate.
CONSIDERATION OF EVIDENCE:
1. 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 available for the Board to conduct a fair and
impartial review of this case.
2. The report of separation of the FSM shows that he was inducted into the
Army on 29 June 1954 and released from active duty on 14 June 1956. His
first name on that report of separation is shown as “Ervis.” Orders, dated
14 June 1956, effecting his release from active duty show his first name as
“Eris.”
3. On 5 September 1997 the FSM requested from the National Personnel
Records Center a copy of his DD Form 214 (Report of Separation). He
printed and signed his first name on that request as “Eris.”
4. The report of separation and death certificate both show the same date
of birth for the FSM. His death certificate, social security card, and
driver’s license all show the same social security number, and all show his
first name as “Ernest.”
5. The applicant’s birth certificate, dated 29 November 1960, reflects her
parents’ names. The first name of her father is shown as “Ernest.” The
FSM signed his name as “Ernest.”
DISCUSSION AND CONCLUSIONS:
1. The FSM’s report of separation shows his first name as “Ervis;”
however, his discharge order shows “Eris.” The FSM himself, in 1997 when
requesting a copy of his report of separation, printed and signed his first
name as “Eris.”
2. In 1960, however, when signing his daughter’s birth certificate, he
used the first name, “Ernest.” The evidence that his daughter submits
clearly shows that the FSM’s first name was “Ernest.”
3. There is little doubt that at least as early as 1960 the FSM used the
first name of “Ernest;” however, the first name that he used during his
active duty service cannot readily be determined based on the evidence
submitted. There simply is no concrete evidence to indicate that the
applicant’s first name during his Army service was “Ernest.”
4. Consequently, the applicant’s request to correct the first name on her
deceased father’s report of separation cannot be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JS __ ___LF___ ___JM __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
______Joe Schroeder_______
CHAIRPERSON
INDEX
|CASE ID |AR20040008511 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20050628 |
|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. |100.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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