RECORD OF PROCEEDINGS


      IN THE CASE OF:



      BOARD DATE:           26 August 2004
      DOCKET NUMBER:  AR2004101450


      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. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Margaret V. Thompson          |     |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, in effect, that his last name be changed on all
his service records and that his date of birth be corrected to show his
correct date of birth, 27 January 1935.

2.  The applicant states, in effect, that when he went to school he was
taught to spell his last name, "S-u-s" instead of "S-w—s.  He adds that he
cannot receive veterans' benefits because his date of birth on his birth
certificate doesn't match the date of birth used in his service records.

3.  To support his request, the applicant provides a copy of his DD Form
214; Report of Separation from the Armed Forces of the United States, a
copy of a birth certificate issued on 14 November 1994, by the Commonwealth
of Virginia, Department of Health – Division of Vital Records; and a copy
of a Certificate of Eligibility for the benefits of Title III of the
Servicemen's Readjustment Act of 1944, dated 4 November 1957.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error that occurred on 13
January 1954.  The application submitted in this case is dated 17 November
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 were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records.

4.  The evidence of record shows that the applicant enlisted in the Regular
Army, for 3 years, on 14 February 1951, and was honorably discharged in the
rank of Corporal, on 13 January 1954, under the provisions of AR (Army
Regulation) 615-365 and Section VI, SR (Service Regulation) 615-360-5 (PETS
(Prior to Expiration Term of Service)).
5.  Item 1 (Last Name – First Name – Middle Name), of the DD Form 214,
which was issued to the applicant on his discharge from active duty, shows
his last name was spelled, "S-u-s."  The applicant used this same last name
in his signature, in item 48 (Signature of Person being Separated), on the
DD Form 214.

6.  Item 10 (Date of Birth), of the applicant's DD Form 214, shows the
applicant's date of birth as 27 January 1931.

7.  The birth certificate the applicant submitted shows his last named
spelled,
"S-w—s" and shows a date of birth of 27 January 1935.

8.  The Certificate of Eligibility for the benefits of Title III of the
Servicemen's Readjustment Act of 1944 that was issued to the applicant on 4
November 1957 shows the applicant's last name to be "S-u-s."  This
certificate also shows the applicant's date of birth to be 27 January 1931.

9.  It appears that the applicant was 16 years and 18 days of age at the
time of his enlistment and entry on active duty.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  In pertinent
part it states that the DD Form 214 is a synopsis of the soldier's most
recent period of continuous active duty.  It provides a brief, clear-cut
record of active Army service at the time of release from active duty,
retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Regular Army under the last name, "S-u-
s."  It is apparent that he thought this to be the correct spelling of his
last name.  From the evidence in the available records, the applicant
continued to use the last name "S-u-s" until he was discharged from the
Army, and after."

2.  Although the last name that was applied to his birth certificate is
spelled,
"S-w—s," he appropriately served on active duty and was discharged under
the name, "S-u-s."

3.  With a correct date of birth, as is now shown on the applicant's birth
certificate, 27 January 1935, the applicant would have been 16 years and
18 days at the time of his enlistment and entry on active duty.

4.  The date of birth that the applicant apparently used at the time of his
enlistment and entry on active duty, 27 January 1931, made it appear as
though the applicant was 20 years and 18 days of age.

5.  The full circumstances surrounding the applicant's enlistment at the
age of 16 years and 18 days are unknown because his service personnel
records are not available for review by the Board.  It is not known whether
those personnel responsible for the verification of the applicant's
personal information verified his date of birth, or not, when he enlisted
in the Regular Army because the applicant's service records are believed to
have been burned or destroyed in the St. Louis fire in 1973.

6.  Despite the above, correction of the applicant's date of birth will not
result in an unfair advantage in favor of the applicant insofar as any
benefits are concerned; therefore correction of the date of birth from 27
January 1931 to 27 January 1935 is recommended.

7.  The applicant's desire to have his last name changed in his Army
records is understandable, but there is an insufficient basis for
compromising the integrity of the Army's records.  The Army has an interest
in maintaining the accuracy of its records for historical purposes.  The
data contained in those records should reflect the conditions and
circumstances that existed at the time the records were created, and in the
absence of a showing of material error or injustice, there is little basis
for recommending that the records be changed.

8.  A copy of this Record of Proceedings will be filed in the applicant's
service personnel records so that an additional record of his birth name,
the name he wishes to have shown in his Army service records, as recorded
in the Department of Health – Division of Vital Records, Commonwealth of
Virginia, will be on hand.

BOARD VOTE:


________  ________  ________  GRANT FULL RELIEF

__rjw___  __le____  __mvt___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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: changing the applicant date of birth
in his service personnel records to reflect the date 27 January 1935, as
opposed to the currently shown date of birth of 27 January 1931.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing the spelling of the applicant's last name from "S-u-s" to "S-w—s"
in all the applicant's service personnel records.



                 Raymond J. Wagner
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004101450                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040826                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  2                   |100.0100                                |
|3.  3                   |100.0200                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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