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ARMY | BCMR | CY2013 | 20130016248
Original file (20130016248.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130016248 


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 agent/General Power of Attorney holder, requests correction of the deceased former service member's (FSM's) discharge documents to show his middle initial as "F" instead of "W."

2.  The applicant states she would like to have the FSM's middle initial changed so the Department of Veterans Affairs (VA) can complete the FSM's headstone while his spouse is still living.

3.  The applicant provides copies of – 

* the FSM's April 2013 death certificate
* her General Power of Attorney
* the FSM's baptismal certificate showing the middle initial "F"
* the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation–Honorable Discharge)

CONSIDERATION OF EVIDENCE:

1.  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.  The FSM’s service records were lost in that fire.  However, sufficient information is available to conduct a fair and impartial review of this case.

2.  The FSM was inducted into the Army of the United States on 16 February 1943 and entered active duty on 23 February 1943.  He was discharged on 
23 October 1945.

3.  In addition to the FSM's WD AGO 53-55 the available evidence include –  

* his WD AGO Form 100 (Separation Qualification Record)
* a letter, dated February 1980, from the FSM requesting replacement medal sets
* a 17 March 1980, request from the U.S. Army Reserve Personnel Center, St Louis, MO, (currently known as the U.S. Army Human Resources Command (HRC)) asking the FSM to complete an attached form with more complete identifying information
* a copy of a 3 March 1980 envelope the FSM used to return the above form
* a March 1980 DA Form 1577 (Authorization for Issuance of Awards)

4.  None of the documents that were created during the FSM's period of service list an "F" as his middle initial.  Neither is there any evidence that indicates the FSM thought his middle initial was wrong or requested that it be changed.  This includes his 17 March 1980 response to a request for more information.

5.  Among the evidence that was provided is the FSM's death certificate showing he died on 7 April 2013, a power of attorney, and baptismal certificate that all list an "F" as his middle initial.

6.  In similar discussions with the VA, a request for a headstone with a different name than that used during the Service performed is frequently honored if it is accompanied by a reasonable explanation for the change in the name.

DISCUSSION AND CONCLUSIONS:

1.  According to the available evidence, the FSM served on active duty using the middle initial that is currently recorded on his discharge documents.  The applicant provided the FSM's baptismal certificate, death certificate, and a power of attorney that list an "F" as his middle initial.  No birth certificate was provided.  

2.  For historical purposes the Army has an interest in maintaining the integrity of its records.  The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.


3.  The applicant is advised that a copy of this decisional document will be filed in the FSM's military record.  This should serve to clarify any questions or confusion in regard to the difference in the middle initial recorded in his military record and satisfy the desire to have the middle initial listed on his death certificate documented in his record.

4.  The VA has jurisdiction over veterans' burial provisions.  The applicant may desire to take up the name issue with the VA.

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)                                         AR20130016248



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ABCMR Record of Proceedings (cont)                                         AR20130016248



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