RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 July 2006
      DOCKET NUMBER:  AR20050017641


      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. John Slone                    |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |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 correction of item 1 (Last Name, First Name,
Middle Initial) on his WD AGO Form 53-55 (Enlisted Record and Report of
Separation) to show the last name P-----a instead of P-----o.  He also
requests, in effect, that his unit on his Honorable Discharge Certificate
be corrected to show the 82nd Airborne.

2.  The applicant states his last name was incorrectly typed on his
discharge document and that his last name is P-----a not P-----o.  He also
contends that his unit was decimated during the battle of Normandy, that he
was wounded, and when he was discharged his discharge document noted he was
unassigned.

3.  The applicant provides a birth certificate; a copy of his WD AGO Form
53-55; and orders for the Combat Infantryman Badge and Purple Heart.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
10 October 1945.  The application submitted in this case is dated 4 August
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 limitations 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 16 March 1943 and entered active duty on
23 March 1943.  He served in the European Theater of Operations from
22 February 1944 until approximately 19 February 1945 and was honorably
discharged on 10 October 1945 by reason of disability.

5.  Item 1 on the applicant's WD AGO Form 53-55 shows his last name as P----
o. Item 6 (Organization) on his WD AGO Form 53-55 shows Company G, 507th
Parachute Infantry.

6.  The applicant's Honorable Discharge Certificate shows his unit as
"Parachute Infantry Unassigned."

7.  The available records (War Department 372A (Final Payment - Work
Sheet), orders for the Combat Infantryman Badge, and orders for the Purple
Heart) show the applicant's last name as P----o.

8.  In support of his claim, the applicant provided a birth certificate
which shows his last name as P------a.

9.  The orders for the applicant's Combat Infantryman Badge show his unit
as the 507th Parachute Infantry.

10.  There is no evidence of record which shows the applicant was assigned
to the 82nd Airborne.

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 his last name was incorrectly
typed on his discharge document, and he provided a birth certificate which
shows his last name is P---a, his induction record is not available.  It
appears he appropriately served on and was released from active duty under
the same last name as shown on his WD AGO Form 53-55.  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 last name will be on hand.

3.  The evidence of record does not support the applicant's contention that
he was assigned to the 82nd Airborne.  The available records show he was
assigned to the 507th Parachute Infantry.  Therefore, it would be
appropriate to correct his Honorable Discharge Certificate to show his unit
as the 507th Parachute Infantry.

4.  Records show the applicant should have discovered the alleged errors
now under consideration on 10 October 1945; 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

JS_____  _CD___  __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 his Honorable
Discharge Certificate to show his unit as the 507th Parachute Infantry.

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
amending item 1 on his WD AGO Form 53-55 or amending his Honorable
Discharge Certificate to show the 82nd Airborne.



                            ___John Slone_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017641                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060711                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0100                                |
|2.                      |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]