BOARD DATE:	  25 October 2012

		DOCKET NUMBER:  AR20120007322 


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 the records of his deceased father, Marcel, a former service member (FSM), be corrected by issuing him an Honorable Discharge Certificate. 

2.  The applicant states:

* His late father (Marcel) enlisted on 18 March 1923 using his older brother's name (Arthur) because his late father was not of enlistment age
* His late father's fingerprints were submitted on 25 July 1945 and matched those used when he enlisted on 18 March 1923 

3.  The applicant provides:

* Letter from the U.S. Senate, Committee on Labor and Public Welfare
* Senate Bill, 87th Congress, 2nd Session, S-3650
* His certificate of birth
* FSM's certificate of marriage
* FSM's memorandum of death

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 records are not available to the ABCMR for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining for the ABCMR to conduct a fair and impartial review of this case.

3.  The FSM's enlistment and separation documents or dates of service are not available for review with this case.  It is unclear what first name the FSM disclosed upon his enlistment or what period of service he completed.

4.  The available records contain various clinical records that show a service member with the first name Arthur, rank of private, and service number 61xxx7, was admitted to Tripler General Hospital on 9 June 1923 for chronic tonsillitis and he was discharged from the hospital on 21 June 1923.  Other related medical documents also show the patient's first name as Arthur. 

5.  There is also a copy of a birth abstract, dated 28 May 1945, that contains the name of Marcel, born on 28 May 1905, in New Bedford, MA.  A hand-written entry is placed on top of this document and reads "Arthur 611xxxx7." 

6.  The applicant provides:

	a.  His birth certificate which shows he was born on 2 Axxxx 19xx to Marcel and Ina; a marriage document, dated 5 October 1979, that shows Marcel and Maria Ina were married in New Bedford, MA, on 2 September 1931; and a memorandum of death, dated 10 October 1961, which shows his father, Marcel, died on 28 June 1961.

	b.  A letter, dated 26 July 1962, from a U.S. Senator to the applicant.  The Senator stated "Enclosed is a copy of S.3560, the bill which I introduced in the Senate on July 17, 1962, for the relief of the estate of your late father.  Should this measure become law, a discharge would be issued in the correct name of your father." 

	c.  A copy of Senate Bill, 87th Congress, 2nd Session, S-3650 that reads: "A bill, for the relief of the estate of Marcel V. Bxxxxxxxxxx.  Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the Secretary of the Army is authorized and directed to issue a certificate of discharge in the name of Marcel V. Bxxxxxxxxxx (Army Serial Number 611xxx7), who was honorably discharged from the United States Army on February 26, 1926, after having enlisted and served under the name of his brother, Arthur M. Bxxxxxxxxxx.  Section 2.  Upon the issuance of a certificate of discharge in the name of Marcel V. Bxxxxxxxxxx, the Secretary of the Army shall send a copy of such discharge to the family of the said Marcel V. Bxxxxxxxxxx."

7.  Army Regulation 635-5 (Separation Documents), currently in effect, 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 and issuance of discharge certificates. 

DISCUSSION AND CONCLUSIONS:

1.  The available records show an individual with the name Arthur served in the Army.  It is unclear when this individual enlisted, served, or was separated.  It is equally unclear what first name this individual disclosed upon his enlistment. 

2.  It appears after Marcel, the applicant's father, died the applicant contacted a Member of Congress in relation to a mix up in the first names.  The member of Congress introduced a bill through the Senate requesting the applicant's late father, Marcel, be issued an Honorable Discharge Certificate.  However, it is unclear if this bill was passed into law.  Further, the fingerprints mentioned by the applicant and the results pertaining to those prints are not available.

3.  For historical purposes, the Army has an interest in maintaining the integrity 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 his late father's correct first 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.

4.  The applicant is advised that a copy of this decisional document which confirms the correct name will be filed in the FSM's reconstructed service record. This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in the FSM's military records.

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)                                         AR20120007322





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ABCMR Record of Proceedings (cont)                                         AR20120007322



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