IN THE CASE OF:
BOARD DATE: 3 September 2014
DOCKET NUMBER: AR20140000374
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 widow of a former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show the correct spelling of his last name.
2. The applicant states the correct spelling of the FSM's last name is "-ra-"
3. The applicant provides copies of the FSM's WD AGO Form 53-55 and Honorable Discharge Certificate, their marriage certificate, and the FSM's 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 military service records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, his WD AGO Form 53-55 offers sufficient evidence for the Board to conduct a fair and impartial review of this case.
3. The applicant provides the following documents:
a. A WD AGO Form 53-55 that shows the FSM was inducted into the Army of the United States on 25 June 1942 and entered active duty on 9 July 1942. He was honorably discharged on 18 January 1946 by reason of for the convenience of the government. He completed 3 years, 6 months, and 24 days of total service for pay purposes. It also shows in:
* item 1 (Last Name - First Name - Middle Initial): "-ar-, D---- V"
* item 56 (Signature of Person Being Separated): the applicant's signature ("D---- V. ra-")
b. The FSM's Honorable Discharge Certificate shows, in pertinent part,
"D---- V. ra-" was honorably discharged from the Army of the United States on 18 January 1946.
c. State of Mississippi, Alcorn County, Certificate of Marriage, that shows the applicant and FSM ("D---- V. ra-") were married on 20 September 1946.
d. State of Tennessee, Tennessee Department of Health and Environment, Vital Records, that shows "D---- V. ra-" died on 1 April 1987. It also shows the FSM was married to the applicant and she is listed as the informant.
4. The National Archives and Records Administration (NARA), NPRC, Military Personnel Records (MPR) Registry, shows the FSM is listed as a veteran under the name "-ra-, D---- V."
5. War Department Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provides uniform procedures for discharging or releasing personnel from active duty. The instructions for completing the WD AGO Form 53-55 state that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.
DISCUSSION AND CONCLUSIONS:
1. The evidence the applicant provides, that includes the FSM's Honorable Discharge Certificate, their marriage certificate, and the FSM' death certificate, all show his last name as "-ra-." In addition, the NARA MPR Registry shows the FSM's last name as "-ra-."
2. A review of item 1 of the FSM's WD AGO Form 53-55 shows that the second and third letters of his last name are transposed. Thus, it would appear that an administrative error occurred when the FSM's last name was typed on his
WD AGO Form 53-55.
4. Therefore, based on the available evidence it would be appropriate to correct the FSM's records, as recommended below.
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 deleting from item 1 of the FSM's WD AGO Form 53-55 the current last name and replacing it with the FSM's last name as shown on his Honorable Discharge Certificate.
_______ _ 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) AR20140000374
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ABCMR Record of Proceedings (cont) AR20140000374
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