IN THE CASE OF:	  

		BOARD DATE:	        24 March 2009

		DOCKET NUMBER:  AR20080016984 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his Certification of Military Service.

2.  The applicant states, in effect, he received a new Certification of Military Service and his last name is misspelled on the document.

3.  The applicant provides a copy of his United States of America, Certification of Military Service, issued on 10 August 1984.

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

1.  Counsel requests, in effect, correction of the applicant’s Certification of Military Service.

2.  Counsel states, in effect, the applicant’s name is “Walter S-tt--lee” and the name on his Certification of Military Service requires correction to support the applicant’s claim for Department of Veterans Affairs (VA) benefits.

3.  Counsel provides no additional documentary evidence.

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 service 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 available military service records contain a copy of Michigan Military District, Detroit Main Recruiting Station, Michigan United States Army and United States Air Force Recruiting Service Group, Detroit, Michigan, Letter Order Number 235, dated 24 March 1953, that shows, in pertinent part, the applicant was inducted in the Army of the United States (AUS) for a period of
24 months on 24 March 1953.  This order also shows the applicant’s name is recorded as “S-tt--lee, Walter D” and that he was assigned Service Number
“US 55---051.”

4.  The applicant's available military service records contain a copy of Headquarters, Camp Gordon, Georgia, Special Orders Number 65, dated
19 March 1955, that show, in pertinent part, the applicant was released from active duty (REFRAD), effective 23 March 1955.  This order also shows the applicant’s name is recorded as “WALTER D  S-T--LEE” and his Service Number is recorded as “US55---051.”

5.  In support of his application, the applicant provides the following documents.

     a.  A DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 9 September 2008.  Item 1 (Applicant Data), block b (Name) shows the applicant entered “S-TT--LEE, WALTER D” and in block d (Service Number) he entered “US55---051.”

     b.  A United States of America, Certification of Military Service, issued on
10 August 1984, by the National Personnel Records Center, Military Personnel Records, National Archives and Records Service (St. Louis, Missouri).  This document shows that the applicant was a member of the AUS from 24 March 1953 to 23 March 1955 and he was honorably REFRAD in the rank of corporal.  This document also shows that the applicant’s name is shown as “Walter D.
S-t--” and his Service Number is shown as “US 55---051.”

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the various separation and discharge documents.  The Army regulation states, in pertinent part, that the source documents for entering information on separation and discharge documents will be the service record, separation approval authority documentation, separation orders, or any other document authorized for filing in the Official Military Personnel File.

7.  Title 10, U.S. Code, section 1552 is the statutory authority that prescribes for the policies and procedures for correction of military records.  The Secretary of a military department may correct any military record of the Secretary's department when the Secretary considers it necessary to correct an error or remove an injustice.  Such corrections shall be made by the Secretary acting through the boards of civilians of the executive part of that military department.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he should be issued a new Certification of Military Service because his last name is misspelled on the document he was issued on 10 August 1984.

2.  The evidence of record shows that upon induction in the AUS on 24 March 1953, the applicant’s name was recorded as “Walter D. S-tt--lee.”  The evidence of record also shows that upon his REFRAD on 23 March1955, the applicant’s name was recorded as “Walter D. S-t--lee.  The evidence of record further shows that on the Certification of Military Service issued on 10 August 1984, the applicant’s name was recorded as “Walter D. S-t--.”  It is evident that these three documents show three variations in the spelling of the applicant’s last name.  However, it is noted that in his application to this Board, the applicant recorded his name as “Walter D. S-tt--lee” and that this spelling of his last name corresponds with that which was recorded in his military service records upon his induction in the AUS.  Thus, it is reasonable to conclude that the correct spelling of the applicant’s last name is “S-tt--lee.”  Therefore, it would be appropriate to correct the applicant’s records by issuing the applicant a DD Form 303A (Certificate in Lieu of Lost or Destroyed Discharge).


3.  Although the applicant requested correction of his Certification of Military Service, this form can only be corrected by the issuing agency, the National Archives and Records Administration (NARA).  Therefore, there is no basis for correction of this document by the ABCMR.

4.  The applicant is advised that if he so desires, he may also request a new Certification of Military Service by contacting the National Personnel Records Center, Military Personnel Records, 9700 Page Avenue, St. Louis, Missouri  63132-5100 in writing or via the Internet at:  www.archives.gov/st-louis/military-personnel.


BOARD VOTE:

____ ____  ____ ____  ____ ___  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the applicant a DD Form 303A (Certificate in Lieu of Lost or Destroyed Discharge) that correctly documents his name as "Walter D. S-tt--lee" and accurately reflects his record of military service.

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 correcting his Certification of Military Service issued on 10 August 1984.



      ___________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080016984



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ABCMR Record of Proceedings (cont)                                         AR20080016984



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