RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 SEPTEMBER 2005
      DOCKET NUMBER:  AR20040009976


      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. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara Ellis                 |     |Member               |
|     |Mr. Richard Dunbar                |     |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 his record be corrected to show his last
name as  Shepard, vice Shapiro.

2.  In effect, the applicant states that his last name was Shepard prior to
his discharge from the Army.

3.  The applicant provides a copy of orders promoting him to captain on
        26 December 1945, showing his last name as Shapiro, a copy of a
                16 November 1945 court order changing the applicant’s last
name from Shapiro to Shepard, a copy of a Certification of Military
Service, with pen and ink edits by the applicant, and copies of
correspondence between the Review Boards Agency at St. Louis and the
applicant.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 January 1946.  The application submitted in this case
is dated     8 November 2004.

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 limitations 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 available for the Board to conduct a fair and
impartial review of this case.

4.  A final payment roll of the 4th Company, 3rd Student Training Regiment
shows that the applicant was discharged as an enlisted Soldier from Officer
Candidate Class #85 at Fort Benning, Georgia  on 16 October 1942 to accept
an appointment as a second lieutenant in the Army of the United States.
That document shows that his last name was Shapiro, and that he was
inducted into the Army on 11 August 1941.
5.  A War Department Officers’ Pay, Allowance, and Mileage Voucher, dated
 15 October 1945 shows that the applicant’s last name was Shapiro.

6.  On 15 October 1945 orders were published ordering the applicant, 1st LT
(first lieutenant) Shapiro to the separation center at Fort Devens,
Massachusetts.  The date that he was to revert to an inactive status was 21
January 1946.

7.  On 16 November 1945, the state of Connecticut Superior Court at
Bridgeport, granted the applicant’s request to change his last name from
Shapiro to  Shepard.

8.  On 26 December 1945 the applicant was promoted to the temporary grade
of captain.  His name on the promotion order is Shapiro.

9.  On 21 May 2004 the National Personnel Records Center issued to the
applicant a Certification of Military Service.  That certificate shows his
name as Milton A. Shapiro, that he was a member of the Army of the United
States from 17 October 1942 to 21 January 1946, that his last grade was
first lieutenant, and that information concerning his date and place of
birth were unavailable.

10.  A Department of Veterans Affairs (VA) computer printout, “Veteran
Identification Data,” shows that the applicant’s date of birth is 20 August
1919, the same date the applicant used in editing the Certification of
Military Service.

11.  The applicant’s discharge documents are not available to the Board.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s last name was legally changed from Shapiro to Shepard
by order of the Superior Court at Bridgeport, Connecticut on 16 November
1945.  Consequently, prior to his release from active duty his last name
was Shepard, not Shapiro.

2.  There are no discharge documents available to correct; however, the
Certification of Military Service issued on 21 May 2004 is not accurate as
to his correct surname on 21 January 1946, the date that he was released
from active duty.  The last name on that certificate should be Shepard, not
Shapiro.

3.  Although not requested by the applicant, it would appear to be
appropriate to correct all the errors contained on his certification of
service.  The evidence shows that the applicant was discharged as an
enlisted Soldier on                     16 October 1942 to accept an
appointment as a second lieutenant.  The evidence also shows that he was
inducted into the Army on 11 August 1941; consequently, an appropriate
certification document should be prepared to show that he was a member of
the Army of the United States from August 11, 1941 to January 21, 1946.
Furthermore, the applicant was promoted to captain prior to his release
from active duty.  That certificate should show that his last grade was as
a captain.  His date of birth is not shown on the certificate; however, the
applicant has indicated that his date of birth was August 20, 1919.  The
VA, in providing identification data on the applicant, confirms that date
as his date of birth.  His certificate should reflect that date of birth.

BOARD VOTE:

__SK ___  ___BE __  __RD ___  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 the individual concerned be issued an
appropriate document certifying that his last name is Shepard, that he was
a member of the Army of the United States from August 11, 1941 to January
21, 1946, that his last grade, rank, or rating was Captain, and that his
date of birth is August 20, 1919.




                            _____ Stanley Kelley_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009976                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050901                                |
|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.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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