RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
				  


	BOARD DATE:	  17 January 2008
	DOCKET NUMBER:  AR20070007459 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry, Jr.

Chairperson

Mr. John T. Meixell

Member

Mr. Rowland C. Heflin

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 his military records to show his last name as "Kon***” vice "Kan***."

2.  The applicant states, in effect, that his last name was erroneously misspelled on his separation documents.

3.  The applicant provides:

	a.  A copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), dated 5 November 1945.

	b.  A copy of his Honorable Discharge Certificate, dated 5 November 1945.

	c.  A copy of his U.S. Passport, dated 30 June 2000.

	d.  A copy of his Baptismal Certificate, dated 9 November 1919.

	e.  An undated copy of his International Drivers Permit.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  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.
3.  The applicant’s records show that he was inducted in the Army of the United States on 17 June 1942 and entered active duty on 30 June 1942 in military occupational specialty (MOS) 903 (Small Arms Mechanic).  He was honorably separated on 5 November 1945.  The WD AGO Form 53-55 the applicant was issued at the time of his separation shows his last name was identified as "Kan***" and that he authenticated the form using the last name “Kan***.”

4.  The applicant’s Honorable Discharge Certificate, dated 5 November 1945, also identifies his last name as “Kan***.”

5.  The applicant's records contain a War Department Form 372A (Final Payment Worksheet), dated 31 October 1945, that shows the applicant's net balance paid upon his separation from the Army.  The applicant authenticated this form using the last name “Kan***.”

6.  The applicant submitted a copy of his U.S. Passport, dated 30 January 2000; Baptismal Certificate, dated 9 November 1919; and undated International Drivers Permit, all showing his last name as “Kon***.”

7.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component.  It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

8.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his service records be corrected to show his last name as "Kon***" instead of "Kan***."

2.  It appears that the applicant enlisted and served under the same last name “Kan***” throughout his military career.  Therefore, the Army records are consistent with the applicant's name at that time.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the records in this case.  

4.  A copy of this decisional document, along with the applicant’s application will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the applicant’s different names, and adequately document his name in his record for the purpose of entitlement to veterans' benefits.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__hof___  __jtm___  __rch___  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.




							Hubert O. Fry, Jr.
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070007459
SUFFIX

RECON

DATE BOARDED
20080117
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0100
2.

3.

4.

5.

6.