IN THE CASE OF:
BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130004481
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 spouse of a deceased former service member (FSM), requests correction of the FSM's records to show the spelling of his last name as "VAUGHN."
2. The applicant states the correct spelling of her husband's last name is "VAUGHN" instead of "VAUGHNS." The spelling of his last name is in error.
3. The applicant provides copies of the FSM's:
* WD AGO Form 100 (Separation Qualification Record)
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
* marriage certificate
* death certificate
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 National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there is sufficient documentation remaining in the reconstructed record and documentation submitted by the applicant to conduct a fair and impartial review of this case.
3. The FSM's available records show he was inducted into the Army of the United States (AUS) on 29 April 1941 and entered active service the same day.
4. The FSM's available records contain a WD Form 372A (Final Payment Work Sheet) showing his last name spelled as "VAUGHNS." The FSM signed this form spelling his last name as "VAUGHN."
5. The FSM's WD AGO Form 100 shows his last name spelled as "VAUGHNS."
The FSM signed this form spelling his last name as "VAUGHN." The WD AGO
Form 100 also shows the father's last name spelled as "VAUGHNS."
6. He was honorably discharged for demobilization on 7 October 1945. His WD AGO Form 53-55 shows in:
* item 1 (Last Name First Name Middle Name) his last name as "VAUGHNS"
* item 56 (Signature of Person Being Separated) his last name as "VAUGHN"
7. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the discharge document is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The FSM's complete military records are not available for review. It is unclear what name he used upon his induction into the AUS in April 1941. However, the WD Form 372A, WD AGO Form 100, and WD AGO Form 53-55 show the FSM signed his last as "VAUGHN." It appears that a typographical error occurred when these documents were prepared. Therefore, his WD AGO Form 53-55 should be corrected to show the spelling of his last name as shown on his marriage and death certificates.
BOARD VOTE:
___x____ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 deleting the current last name from the FSM's WD AGO Form 53-55 and replacing it with the spelling of his last name as shown on his marriage and death certificates.
__________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) AR20130004481
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ABCMR Record of Proceedings (cont) AR20130004481
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