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Decision Text

ARMY | BCMR | CY2005 | 20050007465C070206
Original file (20050007465C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            23 MARCH 2006
      DOCKET NUMBER:   AR20050007465


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Barbara Ellis                 |     |Chairperson          |
|     |Mr. Larry Olson                   |     |Member               |
|     |Mr. Ronald Gant                   |     |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 her deceased husband, a
former service member (FSM) be corrected to reflect the correct spelling of
his last name.

2.  The applicant states, in effect, that a typographical error was made at
some time during the FSM’s service that resulted in the sixth letter of his
last name being made an “R” instead of an “N”.  She further states that he
attempted to correct the error before he passed away but was unsuccessful.
She also states that she desires to have it corrected so that she can have
a memorial plaque placed on his grave with the correct spelling.

3.  The applicant provides a copy of the FSM’s Social Security Card, a copy
of his report of separation (WD AGO Form 53-55), his death certificate, his
Veterans of Foreign Wars (VFW) Membership Card and a copy of his request to
the Department of Veterans Affairs (VA) requesting a correction to the
spelling of his last name on his records.

CONSIDERATION OF EVIDENCE:

1.  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.

2.  The FSM was born on 9 December 1918 and was inducted in Green Bay,
Wisconsin, and entered service at Fort Sheridan, Illinois, on 5 December
1941.  At the time of his induction he was working as a light truck driver.
 He completed his training and was awarded the military occupational
specialty of a light truck driver (745) and was transferred to Alaska on 13
February 1942.

3.  He returned to the Continental United States (CONUS) on 17 January 1944
and remained there until 11 November 1944, when he was transferred to the
European Theater of Operations (ETO).  He remained in the ETO until he was
returned to the CONUS on 29 August 1945.

4.  On 31 October 1945, he was honorably discharged in the rank of
technician fifth class (TEC/5) at Camp McCoy, Wisconsin.  He had served 3
years, 10 months and 26 days of service and was awarded the Good Conduct
Medal, the European-African-Middle Eastern Theater Service Ribbon and the
American Defense Service Ribbon.

5.  At the time of his discharge his WD AGO Form 53-55 was prepared to
reflect in block number 1, that the sixth digit of his last name was an
“R”.

6.  On 16 March 2004, the FSM submitted a Certificate of Change or
Correction of Name (Government Life Insurance) (VA Form 29-586) to the VA
requesting that the sixth letter of his last name on his records be
corrected to reflect an “N”.  It appears that his request was approved by
that agency.

7.  The Social Security Card and the VFW Membership Card submitted by the
applicant indicate that the sixth digit of the FSM’s last name is spelled
with an “N”.

8.  The death certificate submitted by the applicant indicates that the FSM
died in Green Bay, Wisconsin, on 21 November 2004 at the age of 85.  His
date of birth is 9 December 1918 and the applicant is listed as his spouse.
 The FSM’s father is listed on his death certificate as well and his last
name contains an “N”: in the sixth digit.

DISCUSSION AND CONCLUSIONS:

1.  Although there are very limited records to determine how the FSM’s last
name was misspelled to reflect an “R” in the sixth digit, there is
sufficient evidence to show that he spelled his last name with an “N” in
the sixth digit.

2.  Accordingly, it would be in the interest of justice at this time to
correct the records of the FSM to show that his last name was spelled with
an “N” in the sixth digit instead of an “R”, as currently reflected.

BOARD VOTE:

____BE _  ____LO _  ___RG __  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 be corrected by
showing that his last name was spelled with an “N” in the sixth digit
instead of an “R” as currently reflected.





                                  ______Barbara Ellis________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007465                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060328                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19451031                                |
|DISCHARGE AUTHORITY     |AR 635-365. . . . .                     |
|DISCHARGE REASON        |DEMOB                                   |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |2/name                                  |
|1.100.0100              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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