IN THE CASE OF:	  

		BOARD DATE:  1 March 2012

		DOCKET NUMBER:  AR20110017765 


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 her husband's (a former service member (FSM)) discharge certificate to show his last name as "H____n."

2.  The applicant states, in effect, the FSM entered the Army with the last name of "C____r."  However, the FSM was adopted by his stepfather during his period of service which changed his last name to "H____n."  At the time of separation from the Army he was issued a discharge certificate showing his last name as "C____r."  The applicant and the FSM do not have any copies of the adoption process from 1946 because the documents were lost when the FSM's mother died.  When the FSM purchased a home in 1983, he qualified for a Department of Veterans Affairs (VA) mortgage loan under the name of "H____n," which indicates the Army had the name change in the system.

3.  He provides:

* an extract of a State of New Jersey, Department of Health, Bureau of Vital Statistics Record of Birth, dated 14 November 1946
* a WD AGO Form 55 (Honorable Discharge Certificate)
* a letter from the Department of the Army Office of the Adjutant General, dated 12 May 1952
* a Selective Service System Notice of Classification card, dated 30 June 1954
* a VA Certificate of Eligibility for Loan Guaranty Benefits, dated 8 December 1983
* a Power of Attorney, dated 1 May 2007, empowering the applicant to act as the FSM's Agent on his behalf

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 military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of his War Department Form 372A (Final Payment - Worksheet) provided by the NPRC, and the aforementioned documents submitted by the applicant.

3.  The FSM's War Department Form 372A shows he was discharged on 2 October 1948 after completing 2 years, 10 months, and 24 days of creditable active service.  His last name is shown as "C____r" on this form.  The FSM authenticated this document with his signature using the last name of "C____r."

4.  The WD AGO Form 55 provided by the applicant shows the FSM was honorably discharged from the Army of the United States on 2 October 1948.  The FSM's last name is shown as "C____r" on this form.

5.  The applicant provides an extract of a State of New Jersey, Department of Health, Bureau of Statistics Record of Birth, dated 14 November 1946, which shows his last name as "H____n."

6.  The applicant provides a letter from the Department of the Army Office of the Adjutant General, dated 12 May 1952, which shows the FSM's last name as "H____n."  The letter informed the FSM that upon completion and return of an enclosed document to their office, consideration would be given to the issuance of a certificate in lieu of his lost or destroyed discharge.

7.  The applicant provides a Selective Service System Notice of Classification card, dated 30 June 1954, which shows the FSM's last name as "H____n."

8.  The applicant provides a VA Certificate of Eligibility for Loan Guaranty Benefits, dated 8 December 1983, which shows the FSM's last name as "H____n."  This form also shows the FSM's eligibility was based upon his service in the Air Force.

9.  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 Honorable Discharge Certificate.  It states that the name of the separating Soldier will be typed in capital letters in signature order on the form.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM's discharge certificate should be corrected to change his last name from "C____r" to "H____n" was carefully considered.

2.  The evidence of record shows the FSM's last name appeared as "C____r" on the War Department Form 372A issued to him at the time of separation and he authenticated this document by placing his signature in the appropriate block using the last name of "C____r."

3.  Therefore, it is apparent that the FSM utilized the name of "C____r" throughout the period in question.

4.  The Army has an interest in maintaining the integrity of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.

5.  The applicant has failed to provide any evidence which shows the FSM utilized the last name of "H____n" during his period of service ending 2 October 1948.  The fact that the FSM was adopted during his period of service is duly noted, as is the fact that the FSM eventually informed the Department of the Army of his legal name change.  However, this does not change the conditions and circumstances that existed at the time his service records were created.

6.  The applicant is advised that a copy of this decisional document will be filed in the FSM's Official Military Personnel File (OMPF).  This should serve to clarify any questions that may arise regarding the different name recorded in the FSM's military records and to satisfy the desire to have the current name documented in the 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)                                         AR20110017765



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ABCMR Record of Proceedings (cont)                                         AR20110017765



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