IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100012698 


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 correction of the name that is recorded on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

2.  The applicant states the surname is misspelled on his separation document.  It shows "P____UL_"; however, it should be "P____LL_."  He also states he never used the surname that is recorded on his separation document and adds that it was a clerical error.

3.  The applicant provides copies of a social security card, marriage certificate, and baptism certificate.

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 available documents for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 14 July 1944.

4.  A WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty, or Retirement), dated 3 May 1946, shows in item 1 (Last Name - First Name - Middle Initial) the entry "P___UL_, R____ A" and in item 2 (Army Serial Number) the entry "33 XXX 440."

5.  A WD AGO Form 100 (Separation Qualification Record) shows the applicant entered active service on 14 July 1944 and separated on 4 May 1946.  It also shows in:

* item 1 (Last Name - First Name - Middle Initial) – "P____UL_, R____ A"
* item 2 (Army Serial Number) – "33 XXX 440"
* item 4 (Social Security Number ) – "XXX-XX-7299"
* item 8 (Date of Birth) – "12 November 1921"

6.  The applicant's WD AGO Form 53-55 shows he was honorably discharged on 4 May 1946.  At the time he had completed 5 months and 23 days of continental service; 1 year, 3 months, and 28 days of foreign service in the European theater of operations; and 1 year, 9 months, and 21 days total service for pay.  It also shows in:

* item 1 (Last Name - First Name - Middle Initial) – "P___UL_, R____ A"
* item 2 (Army Serial Number) – "33 XXX 440"
* item 10 (Date of Birth) – "12 November 1921"
* item 56 (Signature of Person Being Separated) – "R____ P___UL_"

7.  The applicant's Honorable Discharge Certificate, dated 4 May 1946, states, "This is to certify that R____ A P___UL_  33 XXX 440 PRIVATE FIRST CLASS, 79TH INFANTRY DIVISION, Army of the United States, is hereby honorably discharged from the military service of the United States of America."

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

	a.  a copy of a social security card that shows his name is recorded as "R____ A____ P____LL_" and that his social security number is "XXX-XX-7299."

	b.  a copy of a marriage certificate that shows R____ P___LL_ and N____ W____ were married on 8 October 1943.

	c.  a copy of a baptism certificate that shows R____ A____ P___LL_ was born on 25 March 1945 and R____ A. P___LL_ [applicant] is his father.

9.  War Department Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provides uniform procedures in discharging or releasing personnel from active duty.  The instructions for completing the WD AGO Form 53-55 state the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the surname on his WD AGO Form 53-55 should be corrected because it does not correspond with the surname on his social security card, marriage certificate, and his son's baptism certificate.

2.  The evidence of record shows the applicant's name on his social security card, marriage certificate, and son's certificate of baptism is recorded as "R____ A____ P___LL_."

3.  It is not clear why the applicant's surname on the documents he provides to this Board do not correspond to the documents in his available military service records.

4.  The evidence of record shows the instructions for completing Army separation documents in effect at the time of the applicant's separation from the Army required the use of the Service Record, Soldier's Qualification Card, and information ascertained by interview with the dischargee.  The evidence of record also shows the name "R____ A. P___UL_" was accurately and consistently recorded in the applicant's official military service records, including his WD AGO Form 53-55, when he was discharged from active duty.  Moreover, the signature on the applicant's discharge document clearly shows the applicant signed the document "R____ P___UL_."



5.  Considering all the evidence and information presented by the applicant together with the available evidence of record, applicable law, and regulations, it is concluded that the documents provided by the applicant are insufficient evidence to warrant a change to his military service records and separation document.

6.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  Accordingly, the information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In this regard, the evidence of record indicates the applicant's military service records reflect the correct name (at the time) under which military service was performed.  Therefore, in the absence of a showing of material error or injustice, the applicant's military service records should not be changed.  However, as a matter of record, a copy of this Record of Proceedings will be filed in the applicant's military records showing the apparent inconsistency (i.e., between his civilian and military records) in the spelling of his surname.

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 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)                                         AR20100012698



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ABCMR Record of Proceedings (cont)                                         AR20100012698



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