IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20120001120
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 daughter of a deceased former service member (FSM), requests correction of her father's records to show his name as Del Valle-Lebron, F____ instead of Lebron, F____ D.
2. The applicant states her father was Puerto Rican and both parent's last names are used when a child is registered at birth. The name shown on his discharge has his first last name as his middle name and his second last name as his last name. The veteran's fiduciary is having trouble opening a properly registered savings account. The name on the checks from the Department of Veterans Affairs (VA) is different from the name on his identification.
3. The applicant provides:
* FSM's death certificate
* her certification of birth
* FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* FSM's Honorable Discharge Certificate
* VA letter dated 14 December 2011
* her Power of Attorney
CONSIDERATION OF EVIDENCE:
1. 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. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
2. The FSM's WD AGO Form 53-55 shows he was inducted on 5 March 1943 into the Army of the United States. It shows is name as Lebron, F____ D. He was separated on 28 January 1945. He signed the form using that name.
3. His Honorable Discharge Certificate shows his name as F____ D. Lebron.
4. His Final Payment Roll, dated 28 January 1945, shows his name as Lebron, F____ D. He signed this form using that name.
5. The applicant provided a Commonwealth of Puerto Rico certification of death showing the FSM's name as F____ Del Valle Lebron.
DISCUSSION AND CONCLUSIONS:
1. The available records show the FSM was discharged using the name F____ D. Lebron. There are no available records showing he used the name F____ Del Valle-Lebron during his service.
2. 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. The applicant's request should be denied.
3. The applicant is advised that a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the name he currently uses and the one recorded in his military record and satisfy his desire to have this name documented in his record.
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) AR20110009382
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120001120
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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