IN THE CASE OF:
BOARD DATE: 29 July 2010
DOCKET NUMBER: AR20090020567
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, the son of a deceased former service member (FSM), requests the FSM's name be corrected to "Henry E. P____" on his discharge documents.
2. The applicant states his father's Army discharge and separation record has his father's name listed as "Elbert H. P____." The applicant states the FSM's name should be corrected to "Henry E. P____" so the Department of Veterans Affairs can prepare his father's headstone with the FSM's correct name.
3. The applicant provides the following FSM's documents:
a. WD AGO Form 53-55 (Honorable Discharge) with a separation date of 27 November 1945;
b. Honorable Discharge Certificate;
c. WD AGO Form 100 (Separation Qualification Record);
d. State of South Carolina birth and death certificates;
e. State of South Carolina driver's license and voter's registration cards.
4. In addition, the applicant provides the following supporting documents to show his relationship to the FSM:
a. a birth certificate showing his father's name as "Henry E. P____" and
b. State of South Carolina General Power of Attorney, dated 16 March 2009, showing the applicant has general power of attorney for the FSM.
CONSIDERATION OF EVIDENCE:
1. The FSM's military records are not available 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 to conduct a fair and impartial review of this case.
2. The FSM was inducted into the Army of the United States on 5 August 1942 and entered active Federal service on 19 August 1942. He completed his initial entry training and was awarded military occupational specialty 835 (Supply Clerk).
3. Records show the FSM served in the Asiatic-Pacific theater during World War II.
4. On 27 November 1945, the FSM was separated at Camp Gordon, GA. He was issued a WD AGO Form 53-55 showing his name as "Elbert H. P____." The FSM signed item 58 (Signature of Person Being Separated) as "Elbert H. P____."
5. The FSM was issued an Army of the United States Honorable Discharge Certificate showing he was separated on 27 November 1945 at Camp Gordon, GA. This certificate shows the FSM's name as "Elbert H. P____."
6. Upon separation, the FSM also received a WD AGO Form 100 showing his military occupation and its related civilian occupation and skills. This form also shows the FSM's name recorded as " Elbert H. P____" with the FSM signing the form as the person being separated. The handwritten signature shows the FSM's name as " Elbert H. P____."
7. The FSM's date of death was 23 April 2009.
8. In support of his application, the FSM's son provided documents from the State of South Carolina showing the FSM's name on his birth and death certificates as "Henry E. P____." In addition, the applicant provided the FSM's State of South carolina driver's license and voter's registration cards showing his name as "Henry E. P____."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his deceased father's name is "Henry E. P____," not "Elbert H. P____."
2. The evidence of record shows that the FSM was inducted into the Army of the United States under the name "Elbert H. P____," not "Henry E. P____." The FSM's first and middle names are consistent with the names he used on several documents in his official records throughout his military service. The FSM authenticated several documents by placing his signature in the appropriate blocks, indicating the first and middle names on each form were correct.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his deceased father's current name in the FSM's military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ____x____ ____x____ 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.
____________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) AR20090020567
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ABCMR Record of Proceedings (cont) AR20090020567
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