RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 January 2005
DOCKET NUMBER: AR20050000901
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. Raymond J. Wagner
Chairperson
MS. Eloise C. Prendergast
Member
Ms. Brenda K. Koch
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 military records of his deceased son, a former service member (FSM), be corrected to reflect his correct middle name.
2. The applicant states, in effect, that all personnel systems need to reflect his sons correct middle name, which is spelled with an L in the fifth character. He claims his sons enlistment contract (DD Form 4), October 2004 Leave and Earnings Statement (LES) and Birth Certificate all reflect the correct middle name.
3. The applicant provides a copy of his sons DD Form 4, October 2004 LES and Birth Certificate in support of the application.
CONSIDERATION OF EVIDENCE:
1. On 25 November 2002, the FSM enlisted in the United States Army Reserve (USAR) for eight years and entered the Delayed Entry Program (DEP). On
13 March 2003, he was discharged from the DEP, enlisted in the Regular Army and entered active duty.
2. The FSMs enlistment contract (DD Forms 4/1, 4/2 and 4/3) prepared to document his enlistment all contained the correct spelling of his middle name with an L in the fifth character. The applicant authenticated these documents with his signature on the DD Form 4/2 and DD Form 4/3. His signature included his full middle name, which included the letter L in the fifth character.
3. The record shows the FSM entered active duty in the rank of specialist/E-4 (SPC/E-4), and was trained in, awarded and served in military occupational specialty (MOS) 11B (Infantry).
4. The applicants record contains an Enlisted Records Brief (ERB) that was prepared on 24 November 2004. This document erroneously lists his middle name without the letter L in the fifth character. Several other documents on file also contain the incorrect spelling of the FSMs middle name. The FSMs October 2004 LES contains the correct spelling of his middle name.
5. On 24 November 2004, the FSM was killed in action in Afghanistan. A member of the Board staff coordinated with the Human Resources Command (HRC) Casualty Branch and confirmed the Report of Casualty (DA Form 1300) and Death Certificate now contain the correct spelling of the FSMs middle name.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that the FSMs middle name was correctly spelled on his enlistment contract and should have been used in the military records prepared on him upon his entry on active duty. Further all military documents containing a middle name should have reflected the correct spelling of the FSMs middle name, as was recorded in his enlistment contract.
2. The record also shows that several documents on file in the FSMs Official Military Personnel File (OMPF) contain an incorrect spelling of his middle name, which resulted from the omission of the letter L from the fifth character. However, the critical documents of record (Enlistment Contract, Report of Casualty and Death Certificate) now all contain the FSMs middle name with the correct spelling. Therefore, the FSMs correct middle name is now properly documented in his OMPF.
3. This Report of Proceedings will be filed in the FSMs OMPF to provide verification of the correct spelling of his middle name. This will serve to provide clarity to any confusion that might arise as a result of any documents that contain the incorrect spelling of his middle name. Filing the Boards decisional document will also guarantee the historical accuracy of the FSMs military record in regard to his middle name and help ensure the FSMs family suffers no injustice as a result of the administrative errors made in the preparation of various documents throughout the FSMs military service tenure.
4. The Board wishes to pass on its gratitude for the FSMs exceptional performance and the ultimate sacrifice he made in the service of his Country. It also apologizes, on behalf of the Secretary of the Army, for any inconvenience the FSMs family may have experienced as a result of the administrative errors made in this case.
BOARD VOTE:
___ECP _ ___BKK_ ___RJW _ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned, to include all Army and Casualty databases, be corrected to show the correct spelling of his middle name; and by filing this Record of Proceedings in his OMPF to ensure the historical accuracy of his military record.
____Raymond J. Wagner ___
CHAIRPERSON
INDEX
CASE ID
AR20040000901
SUFFIX
RECON
DATE BOARDED
2005/01/
TYPE OF DISCHARGE
N/A
DATE OF DISCHARGE
N/A
DISCHARGE AUTHORITY
N/A
DISCHARGE REASON
N/A
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1. 1021
100.0000
2.
3.
4.
5.
6.
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