RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 30 September 2004
DOCKET NUMBER: AR2004101800
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. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. John N. Slone | |Chairperson |
| |Mr. Lester Echols | |Member |
| |Mr. Melvin H. Meyer | |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 the first name recorded on his
military records be corrected.
2. The applicant states, in effect, that at the time of his entry on
active duty, his first name was incorrectly entered as Arthur as a result
of a typographical error. He claims that he was promised this error would
be corrected, but it never was. He states there are documents on file at
the National Personnel Records Center (NPRC) that confirm he served on
active duty in the Army in 1958; however, the local Department of Veterans
Affairs (VA) hospital will not allow him to apply for benefits until his
discharge is corrected.
3. The applicant provides his birth certificate, driver’s license and
social security card in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged error or injustice
that occurred on 19 May 1958. The application submitted in this case was
received on 9 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 NPRC 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. This case is being considered using
reconstructed records, which primarily consists of a Certification of
Military Service (NA Form 13038), dated 6 May 2003.
4. The NA Form 13038 on file, dated 6 May 2003, indicates the applicant
served on active duty in the Regular Army from 21 April 1958 through 19 May
1958, and that he served under the first name “Arthur”.
5. The applicant provides a copy of a birth certificate that confirms that
he was born on 29 June 1935. This document also verifies that the first
name he was given at birth was “Andrew” and not Arthur, as indicated in the
Certification of Military Service on file. He also provides copies of his
driver’s license and social security card, which both show his first name
as Andrew.
DISCUSSION AND CONCLUSIONS:
The Army has an interest in maintaining the accuracy of its records. The
data and information contained in those records should reflect the
conditions and circumstances that existed at the time the records were
created. However, in this case, given the applicant’s military records are
presumed to have been destroyed in a 1973 fire at the NPRC, it does not
appear a correction to his
NA Form 13038 would result in any compromise of his service record. As a
result, it would be appropriate to grant the requested relief.
BOARD VOTE:
_JNS ___ __FE____ __MHM__ GRANT 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 amending his 6 May 2003 Certification
of Military Service (NA Form 13038) by deleting the current first name
entry, Arthur, and replacing it with the entry “Andrew”, his correct first
name; and by providing him a corrected document that reflects this change.
___ JOHN N. SLONE ______
CHAIRPERSON
INDEX
|CASE ID |AR2004101800 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2004/09/DD |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1958/05/19 |
|DISCHARGE AUTHORITY |Unk |
|DISCHARGE REASON |Unk |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. 1021 |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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