BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110001746
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 widow of a deceased former service member (FSM), requests correction of her husband's last name from Co---- to Cu----.
2. She states that the FSMs records show the incorrect spelling of his last name. She contends that his last name is spelled Cu----, not Co----.
3. She provides the FSMs:
* Nebraska identification card
* fathers social security card and drivers license
* brother's DD Form 214 (Report of Separation from Active Duty)
* Certificate of Death
CONSIDERATION OF EVIDENCE:
1. The FSM enlisted in the Regular Army on 17 August 1976.
2. The FSM's record contains a DD Form 1966 (Application for Enlistment - Armed Forces of the United States), dated 16 August 1976. This form shows in:
a. Section I, (Personal Data), block 1 (Name (Last, first, middle) the entry "Co---- W----- M-----";
b. Section IV (Other Background Data), block 28a (Relatives) the last name of his father, three sisters, and brother as Co----; and
c. Section V (Certification), block 42 (By applicant: I understand
. I certify that the information given by me in this document is true, complete, and correct to the best of my knowledge and belief) that on 16 August 1976, he signed this document clearly using the last name of "Co----."
3. His record also contains a DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 17 August 1976. This document shows his last name as "Co----" and he signed this form in two blocks using the last name of "Co----."
4. All of the remaining documents in his service personnel records show the spelling of his last name as Co----.
5. The FSM was discharged on 15 December 1977. His DD Form 214, authenticated in his own hand, in item 1 (Last Name - First Name - Middle Name) shows the entry "Co---- W----- M-----."
6. The applicant provided a copy of the FSMs Nebraska Identification Card and Certificate of Death. She also provides FSMs fathers social security card and his brother's DD Form 214. All of these documents show the last name spelling as Cu----.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It 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 documents provided by the applicant confirm the FSMs, his father's, and his brother's last name as Cu----. However, the preponderance of evidence shows the FSM served in and he was separated from active service using the spelling of his last name as Co----.
2. 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 the FSM's correct spelling of his last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided, which confirms the FSM's correct spelling of his last name, will be filed in the FSM's Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the spelling of the last name in the FSM's military record and to satisfy the applicant's desire to have the FSM's correct spelling of his last name documented in his OMPF.
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) AR20110001746
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110001746
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140007755
The applicant, the daughter of a former service member (FSM), requests correction of her father's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in item 1 his middle name spelled as "Fritz" instead of "Eritz." His record contains the following documents which show his middle name spelled as "Fritz": * DD Form 4 (Enlistment Record Armed Forces of the United States), dated 8 February 1960 * National Guard Bureau (NGB) Form 21B (Enlistment Agreement),...
ARMY | BCMR | CY2005 | 20050007465C070206
The applicant requests that the records of her deceased husband, a former service member (FSM) be corrected to reflect the correct spelling of his last name. The FSM’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.
ARMY | BCMR | CY2008 | 20080018954
IN THE CASE OF: BOARD DATE: 23 APRIL 2009 DOCKET NUMBER: AR20080018954 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant also provided a memorandum, subject: Determination of Validity of Divorce (K___ S___), dated 6 September 2007, from the Chief, Administrative Law Division as new evidence. As stated in the previous case, the determination on whether the FSM's divorce is legal and/or valid can only be made by a court of law, and not by the ABCMR.
ARMY | BCMR | CY2012 | 20120010133
The applicant provides: * Certificate of Birth * Marriage License * Certificate of Death * Honorable Discharge documentation COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. The evidence of record shows the FSM listed the spelling of his first name as "xxRxxx" upon his induction. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the first name "xxNxxx" from item 1 of his DD Form 214 and replacing it with the FSM's...
ARMY | BCMR | CY2012 | 20120001754
Application for correction of military records (with supporting documents provided, if any). It is clear that the FSM's last name was incorrectly spelled and recorded in his military documents. Based on the forgoing evidence the FSM's military records should be corrected to show his last name as "Rasxxxxxx."
ARMY | BCMR | CY2010 | 20100010500
A review of the FSM's official military records shows his last name is spelled the same on every document contained therein as it is spelled on his DD Form 47. His official records show he served in the Army spelling and signing his name with an "e" as the fourth letter in his last name and there is no evidence that shows he ever made an attempt to change the spelling while he was in the Army or after his release. The applicant is advised that a copy of the decisional document, along with...
ARMY | BCMR | CY2011 | 20110005309
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to change: * the spelling of his last name from "Dxxxtch" to "Dxxxatche" * his entry date from 1975 to 1974 * his discharge date from 1976 to 1977 2. The DA Form 2-1 (Personnel Qualification Record) that was created at the time he entered the Army shows the spelling of his last name as "Dxxxtch." Therefore, his discharge date is correctly shown on his DD Form 214.
ARMY | BCMR | CY2009 | 20090019474
Application for correction of military records (with supporting documents provided, if any). The FSM was then killed in action and his true father set about correcting the FSM's last name from "S***d" to "W**e." The issue may have previously come before a board in 1948 since Army correspondence shows that the FSM's headstone was corrected to show the last name as "W**e" vice "S***d." However, any record of correction was destroyed in the 1973 fire at the St. Louis repository. Nevertheless,...
ARMY | BCMR | CY2014 | 20140017262
The applicant requests the military records of a deceased former service member (FSM), who was killed in action in 1969, be corrected to show her brother, Leonard Jr., as the FSM's son. 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. The only document that could be corrected is the DD...
ARMY | BCMR | CY2014 | 20140008888
The applicant, the daughter of a deceased former service member (FSM), requests correction of the FSM's records to show she is eligible to receive a Survivor Benefit Plan (SBP) annuity. ), the coverage elected was based on her full retired pay * it also shows the FSM was married to A____ L. R____ and she had one dependent child (the applicant) - A____ N. R____, daughter, date of birth: 16 January 1985 * the FSM's spouse (A____ L. R____) was listed as the beneficiary (100%) of unpaid retired...