RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20040010595


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 records of his deceased father, the
former service member (FSM), be corrected to show that his first name was
Michael, not Mitchell.

2.  The applicant states he obtained a headstone from the Department of
Veterans Affairs (DVA), but the stone shows the FSM's first name as
Mitchell.  He would like to have a proper headstone.

3.  The applicant provides:

      a.  West Virginia Certificate of Death for the FSM.

      b.  Certificate of Honorable Discharge for the FSM.

      c.  AGO Form 0150-4 (Transcript From Enlisted Record) of the FSM.

      d.  State of Indiana Certificate of Delayed Registration of Birth for
the FSM.

      e.  State of Indiana Affidavit of Birth of the FSM.

      f.  West Virginia Certificate of Death for the FSM's wife [shows
applicant as son].

      g.  Affidavit of Personal Representative or  Sole Beneficiary.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 3 September 1943.  The application submitted in this case is
dated 19 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 FSM'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 FSM'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.  The FSM's remaining service records show his first name as "Mitchell."
The records also show he was born on 21 March 1919 in Indiana Harbor,
Indiana.  He served on active duty 13 October 1942 through 3 September
1943.  He was separated from active duty for failure to meet minimum
physical standards for induction.

5.  The FSM's certificates of birth and death show his first name as
"Michael" and his date and place of birth as 21 March 1919 in Indiana
Harbor, Indiana.

DISCUSSION AND CONCLUSIONS:

1.  For reasons unknown, the FSM served and was separated from active duty
on 3 September 1943 with his first name shown as "Mitchell."  Documents
provided by the applicant clearly show the FSM's first name was "Michael."
These documents also reliably show that "Mitchell" and "Michael" are one
and the same person.

2.  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.

3.  Because there are no official records on file to correct in this case,
the Board has determined as a matter of compassion that the applicant
should be issued a Transcript of Military Record, DA Form 1569, showing
that the FSM who served under the first name "Mitchell" was actually known
by the first name "Michael."  This document is intended solely for the
purpose of properly identifying the FSM to agencies who will not accept the
FSM's documents in the possession of the applicant.

4.  Records show the applicant should have discovered the error or
injustice now under consideration on [enter appropriate date], the date of
his separation from active duty.  The ABCMR was not established until
2 January 1947.  Therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.

5.  In the interest of justice and equity, it would be appropriate to
excuse the applicant's failure to timely file and issue the applicant a DA
Form 1569 showings the FSM's first name as "Michael," not "Mitchell."

BOARD VOTE:

__js____  __ena___  __cak___  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 issuing a DA Form 1569 showing the
FSM's first name was "Michael," not "Mitchell."



                                  John Slone
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010595                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050915                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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