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ARMY | BCMR | CY2011 | 20110010324
Original file (20110010324.txt) Auto-classification: Denied

		

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110010324 


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 record to show the correct spelling of his last name as L--k--- instead of L--g---.

2.  The applicant states the FSM's record needs to be correct so she will not have any problems down the road.

3.  The applicant provides:

* her Form 1099-R (Distributions from Pensions, Annuities, Retirement, or Profit-Sharing Plans, IRA's, Insurance Contracts, etc.)
* the FSM's newspaper obituary
* the FSM's Certificate of Death
* a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 25 April 2001

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 FSM’s complete military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the NPRC in 1973.  The FSM's service records were severely damaged in that fire.  However, many of the documents have sufficiently legible entries to allow the Board to conduct a fair and impartial review of this case.

3.  Records show the FSM was inducted into the Army on 19 March 1952 at Birmingham, AL.  

4.  The FSM's Record of Induction document initially shows the typed spelling of his last name as L--k---; however, this entry is "x'd" out and above that entry is the typed spelling as L--g---.
 
5.  The cover sheet for the FSM's Service Record document with a beginning date of service of 19 March 1952 shows his last name as L--g---.

6.  Special Orders Number 42, issued by Headquarters, 4071st Service Unit, Camp Chaffee, AR, dated 19 February 1954, show the FSM was released from active duty effective 19 February 1954.  The separation document he was issued at the time shows his last name as L—g----.  He completed 1 year, 11 months, and 1 day of net service during this period.  His separation document further shows he was transferred to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation.

7.  The FSM's record contains two DD Forms 220 (Active Duty Report), dated
16 June and 12 September 1963, that show he served on active duty as a member of the Army National Guard from 11-16 June and 10-12 September 1963.  His last name is spelled as L—k---- on these two forms.

8.  The FSM's record also contains the corresponding DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) that show the spelling of his last name as L--k---.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's limited and severely damaged record for his period of induction consistently shows the spelling of his last name as L—g----.

2.  It appears the misspelling of the FSM's last name was not discovered until well after his release from active duty on 19 February 1954 since the available documents dated in 1963 and contained in the FSM's reconstructed record shows his last name as L—k----.

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.  

4.  While it is understandable the applicant desires to now record the correct spelling of the FSM's last name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  

5.  A copy of this Record of Proceedings will be filed in the FSM’s Official Military Personnel Record so a record of the two spellings of his last name will be available.

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)                                         AR20110010324



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ABCMR Record of Proceedings (cont)                                         AR20110010324



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