RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 November 2005
      DOCKET NUMBER:  AR20050003824


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John Denning                  |     |Member               |
|     |Ms. Jeanette McCants              |     |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 WD AGO Form 53-55 (Enlisted Record and
Report of Separation) be corrected to show the correct spelling of his last
name and middle initial.  He also requests any back pay and allowances to
which he may be entitled.

2.  The applicant states that his last name is spelled with two “Ts” and
his middle initial is “F.”

3.  The applicant provides a birth certificate; a copy of his WD AGO Form
53-55; and an unspecified Department of Veterans Affairs form, dated 23
November 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
17 March 1946.  The application submitted in this case is dated 7 March
2005.

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 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 remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.

4.  The applicant was inducted on 29 March 1944.  He served in the European
Theater of Operations from 14 January 1945 through 2 March 1946 and was
honorably discharged on 17 March 1946.

5.  Item 1 on the applicant’s WD AGO Form 53-55 shows his last name is
spelled with one “T” and his middle initial is “H.”

6.  The applicant’s service record and the available records show his last
name is spelled with one "T" and his middle initial is “F.”

7.  In support of his claim, the applicant provided a birth certificate
issued on
7 March 2005 which shows his last name is spelled with two “Ts” and his
middle initial is “F.”

8.  The applicant's pay records are not available.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant’s middle initial is “F.”
Therefore, it would be appropriate to correct item 1 on his WD AGO Form 53-
55 to show the middle initial “F.”

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.  Although the applicant’s
birth certificate shows his last name is spelled with two “Ts,” the
preponderance of the available records show his last name is spelled with
one “T.”  It appears he appropriately served on and was released from
active duty under the last name spelled with one “T.”  While the Board
understands the applicant's desire to have the records changed, it finds no
basis for compromising the integrity of the Army's records.  This Board
action will be filed in the applicant's military records so a record of the
correct spelling of his last name will be on hand.

3.  Since the applicant's pay records are no longer available, there is no
basis for granting the applicant's request for back pay and allowances.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 March 1946; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
1 January 1950 (3 years after the Board was established on 2 January 1947).
 The applicant did not file within the 3-year statute of limitations;
however, based on the available evidence it would be in the interest of
justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

LE_____  JD______  JM______  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 amending item 1 on his
WD AGO Form 53-55 to show the middle initial “F.”

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
correction of the spelling of his last name and back pay and allowances.



            __Lester Echols_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003824                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |128.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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