BOARD DATE: 2 September 2014
DOCKET NUMBER: AR20130022341
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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) for the period ending 30 October 1946 to show the spelling of his last name as "S----TSON."
2. The applicant states his last name is spelled as "S----TSON" and his WD AGO Form 53-55 for the period ending 30 October 1946 and has the letters "T" and "S" transposed.
3. The applicant provides:
* WD AGO Form 53-55 for the period ending 8 November 1945
* WD AGO Form 53-55 for the period ending 30 October 1946
* birth certificate
* social security card
* social security benefit cost of living letter
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 applicant'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 applicant's records were partially destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. He was inducted into the Army of the United States on 23 April 1945. He was honorably discharged on 8 November 1945 for the purpose of immediate enlistment in the Regular Army. His WD AGO Form 53-55 for this period shows his last name spelled as "S-----TSON."
4. He enlisted in the Regular Army on 9 November 1945. He was honorably discharged on 30 October 1946. His WD AGO Form 53-55 for this period shows his last name spelled as "S----STON."
5. With the exception of his WD AGO Form 53-55 for the period ending 30 October 1946, every other document in his military records shows his last name spelled as "S----TSON."
6. He provided copies of his birth certificate, social security card, and social security benefit cost of living letter which all show his last name spelled as
"S----TSON."
DISCUSSION AND CONCLUSIONS:
The applicant's records consistently show his last name spelled as "S----TSON." It is clear that an administrative error occurred when recording his last name on his WD AGO Form 53-55 for the period ending 30 October 1946. Therefore, it would be appropriate to correct his WD AGO Form 53-55 for this period to show his last name spelled as "S----TSON" at this time.
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 amending his DD Form 214 for the period ending 30 October 1946 to show the spelling of his last name as shown on his birth certificate an WD AGO Form 53-55 for the period ending 8 November 1945.
___________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) AR20130022341
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130022341
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110006233
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in two separate applications, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Belgian Fourragere and his last name as H-----c--. Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere.
ARMY | BCMR | CY2010 | 20100012698
The applicant's military service records are not available to the Board for review. Considering all the evidence and information presented by the applicant together with the available evidence of record, applicable law, and regulations, it is concluded that the documents provided by the applicant are insufficient evidence to warrant a change to his military service records and separation document. In this regard, the evidence of record indicates the applicant's military service records...
ARMY | BCMR | CY2008 | 20080017362
IN THE CASE OF: BOARD DATE: 19 February 2009 DOCKET NUMBER: AR20080017362 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants military records are not available to the Board for review. Therefore, it appears the spelling of his last name in Item 1 of his WD AGO Form 53-55, which used the letter "x" as the fourth character, was the result of an administrative error and should be corrected at this time.
ARMY | BCMR | CY2008 | 20080014211
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his last name on his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Service) from Haxxxy to Heaxxxy. 2. A copy of this decisional document, along with the applicants application will be filed in his military records.
ARMY | BCMR | CY2005 | 20050005209C070206
This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 January 1946; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950 (3 years after...
ARMY | BCMR | CY2014 | 20140006853
Application for correction of military records (with supporting documents provided, if any). The applicant's records contain a WD AGO Form 20 (Soldiers Qualification Record) which reflects his date of birth is 26 November 1919 and his last name is spelled M__G__. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to show his birth date as 26 November 1919 and the spelling of his last name as...
ARMY | BCMR | CY2012 | 20120020052
Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available to the Board for review. It does not appear he used the last name of "M__a___" at any time during his service.
ARMY | BCMR | CY2014 | 20140002176
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the correct spelling of his last name as "Schumacher" vice "Schumaker." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to show the spelling of his last name as...
ARMY | BCMR | CY2013 | 20130021608
Application for correction of military records (with supporting documents provided, if any). 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 the applicant has provided documents to show that his first name is properly spelled as Julius, they do not serve to explain why the...
ARMY | BCMR | CY2005 | 20050003824C070206
This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. This Board action will be filed in the applicant's military records so a record of the correct spelling of his last name will be on hand. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse...