IN THE CASE OF:	  

		BOARD DATE:	    10 July 2012

		DOCKET NUMBER:  AR20120001754 


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 great nephew of a deceased former service member (FSM), requests correction of the FSM's record to show his last name as "Rasxxxxxx" versus "Rosxxxxxx."

2.  The applicant states the FSM's last name was incorrectly spelled in his military records and on his grave marker at the Meuse-Argonne American cemetery in France.  The FSM's family would like to see the correct spelling of his last name on his grave marker.  The applicant believes the FSM's name was incorrect in his military records due to the misspelling of the FSM's name by military officials on his Draft Registration Card.

3.  The applicant provides:

* 2 self-authored statements
* Letter from the National Personnel Records Center
* List of exhibits
* Official notification of death from the Adjutant General, 2 January 1919
* Photograph of grave marker
* American Battle Monuments Commission listing of burial site
* Draft registration card
* Letter from the War Department, dated 20 October 1923
* Letter from the War Department, dated 14 July 1921
* 4 Certificates
* Family Tree
* Danish census, dated 1901
* Danish census, dated 1906
* United States census, dated 1910
* Danish census, dated 1890
* United States census, dated 1930
* Birth index, dated 1925
* Birth certificate, dated 1954
* Farewell party/induction celebration invitation, dated 1917
* Death notification from infantry captain, dated 1919
* WWI draft card index search
* WWI memorial listing
* Danish immigrant records
* Draft registration index records
* History of Washington County ancestry record
* Danish WWI memorial
* Veterans Tribute Plaza, Nebraska with photo

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 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.

3.  The available records show the FSM was inducted into the Army of the United States on or around 5 June 1917 and entered active duty on or around 22 August 1917 and served with Company E, 4th Infantry Regiment.

4.  The applicant provided the FSM's draft registration card, dated 5 June 1917.  Item 1 of this form shows the FSM's name as "Rosxxxxxx"; however, when the FSM placed his signature at the bottom of this form he spelled his last name as "Rasxxxxxx."

5.  The applicant submitted an official memorandum, written by Captain K B. B., 4th Infantry, on 15 May 1919.  This memorandum refers to the FSM by name using the spelling "Rasxxxxxx" and states the FSM was killed near Madelaine farm which was near the village of Cunel in the Meuse-Argonne Sector.  

6.  The applicant submitted the notice of death from the Adjutant General's Office, dated 2 January 1919.  This notice shows the FSM was assigned to Company E, 4th Infantry Regiment, when he was killed in action in the line of duty, on 16 October 1919.  The FSM's last name was spelled as "Rosxxxxxx" on the notification of death.

7.  Army Regulation 635-5 (Separation Documents) states that separation documents will not be prepared for Soldiers on active duty when their tour of duty ends because of death.

DISCUSSION AND CONCLUSIONS:

1.  It is clear that the FSM's last name was incorrectly spelled and recorded in his military documents.  The military official who completed his draft registration card incorrectly spelled his name as "Rosxxxxxx"; however, the FSM authenticated this document with his signature and spelled his own last name as "Rasxxxxxx."

2.  Further, an officer who served with the FSM completed a memorandum outlining the location of the FSM's death and spelled his name as "Rasxxxxxx" in an official memorandum.

3.  Based on the forgoing evidence the FSM's military records should be corrected to show his last name as "Rasxxxxxx."

BOARD VOTE:

__X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing an appropriate document showing the FSM's last name spelled as "Rasxxxxxx”, as shown on the 15 May 1919 memorandum from Captain K.B.B.



      
      _________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)                                         AR20120001754





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ABCMR Record of Proceedings (cont)                                         AR20120001754



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