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ARMY | BCMR | CY2005 | 20050010994C070206
Original file (20050010994C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          10 January 2006
      DOCKET NUMBER:  AR20050010994


      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. Kenneth Wright                |     |Chairperson          |
|     |Mr. Dale DeBruler                 |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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 Certification of Military Service,
dated
17 March 2005, be corrected to show a different name.

2.  The applicant states, in effect, he used a fictitious name when he
entered the service because he was underage.

3.  The applicant provides a copy of a Certification of Military Service,
dated      17 March 2005; an Indiana driver license; a birth certificate;
and a Social Security card.

CONSIDERATION OF EVIDENCE:

1.  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.

2.  The applicant was a member of the Army of the United States from
11 September 1946 until he was discharged under other than honorable
conditions on 2 January 1948 due to conviction by civil court.

3.  The applicant’s Certification of Military Service, dated 17 March 2005,
shows his name as J--- E. J------.

4.  The applicant's Final Payment Roll for the period March 1947 to January
1948 shows his name as J--- E. J------.

5.  A memorandum titled, "Statement of Conviction by Civil Court," executed
by a Captain, Adjutant, states the applicant was confined on 8 November
1947 under the alias of R------ E. S----.

6.  The applicant provided a birth certificate, driver license, and a
Social Security card which shows his name as R------ E. S----.

7.  The applicant has three Certifications of Military Service on file –
one dated  22 July 1993 erroneously shows he was separated with a
dishonorable discharge; one dated 9 September 1993 correctly shows he was
separated with a discharge under other than honorable conditions; and one
dated 17 March 2005 which again erroneously shows he was separated with a
dishonorable discharge.  The National Personnel Records Center prepared
this document.  The applicant may wish to contact the Center and ask them
to prepare a corrected document.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  Although the applicant contends that he entered the service under a
fictitious name, it appears he appropriately served on and was released
from active duty under the same name as appears on his Certification of
Military Service.  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 his birth name will be on hand.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

KW_____  __DD___  _QS_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




            _____Kenneth Wright___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050010994                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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