BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20140000722 


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 the former service member (FSM), requests correction of the FSM's records to show his correct name.

2.  The applicant states the FSM's correct name is "C------- E. S----."   However, his birth certificate and military records erroneously show the suffix "Jr" (Junior). 

3.  The applicant provides copies of the FSM's birth certificate and separation documents.

CONSIDERATION OF EVIDENCE:

1.  The FSM's DD Form 4 (Enlistment Record - Armed Forces of the United States) shows he enlisted in the Regular Army on 12 June 1962 for a period of 
3 years.  It also shows in:

   a.  item 1 (Last Name - First Name - Middle Name):  "S----, C------- E----- Jr" and

   b.  item 41 (Oath of Enlistment):  "I, C------- E----- S---- Jr, do hereby acknowledge to have voluntarily enlisted, under the conditions prescribed by law, this 12th day of June 1962, in the United States Army for a period of three 
(3) 'CES' [applicant's initials] years…." and the applicant's signature "(C-------
E----- S---- Jr)."

2.  The FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he enlisted in the Regular Army on 12 June 1962, was honorably released from active duty on 3 June 1965, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He completed 
2 years, 11 months, and 22 days of net active service.  It also shows in:
   
   a.  item 1 (Last Name - First Name - Middle Name):  "S----, C------- E----- JR" and

   b.  item 34 (Signature of Person Being Transferred or Discharged), the FSM's signature "(C------- E----- S---- Jr)."

3.  A DD Form 215 (Correction to DD Form 214), issued on 28 July 1965, shows in the "Last Name – First Name – Middle Name" block the entry "S----, C------- 
E----- JR."  The DD Form 215 corrected five items of the FSM's personal data; it did not correct his name.

4.  Office of The Adjutant General, U.S. Army Administration Center, St. Louis, MO, Letter Order USAR 002 571 906, dated 22 May 1968, honorably discharged the FSM from the USAR effective 31 May 1968.  The orders show his name as "S----, C------- E. Jr."

5.  In support of the application the applicant provides the following documents:

   a.  State of Alabama, Standard Certificate of Live Birth, that shows the FSM was born in July 1944 and his name was recorded as "C------- E----- S----, Jr."

   b.  DD Form 256A (Honorable Discharge Certificate) that shows the FSM was honorably discharged from the Army of the United States on 31 May 1968.  It also shows his name as "S----, C------- E. Jr."

   c.  Alabama Center for Health Statistics, Alabama Certificate of Death, that shows "C------- E----- S----" (the FSM) died on 28 September 2013.  It lists the applicant (his wife) as the informant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the suffix ("Jr") associated with the FSM's name and recorded in his military service records should be deleted because it does not correspond with name recorded on his death certificate.

2.  The evidence of record shows that upon processing for enlistment into military service, the FSM reported that his full birth name was "C------- E----- S---- Jr" and that name was recorded in his military service records when he enlisted in the Regular Army.  Thus, the FSM chose to use his full birth name, including the abbreviated suffix "Jr" during his military service.

3.  The FSM's military service records clearly show his birth name, including the suffix (i.e., "Jr"), and that he signed numerous documents using his full birth name.  In addition, the FSM's birth name (with the suffix) was consistently recorded in his official military service records, including on all of his separation documents, when he was released from active duty and subsequently discharged from the U.S. Army.

4.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documents provided by the applicant offer insufficient evidence to warrant a change to the name in the FSM's official military service records.

5.  For historical purposes, the Army has an interest in maintaining the accuracy 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 the same name in the FSM's military records as is recorded on his death certificate, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  However, a copy of this document will be filed in his records to clarify the difference between the name listed in his records and that recorded on his death certificate.

6.  In view of the foregoing, there is no basis for granting the requested relief.

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)                                         AR20140000722



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ABCMR Record of Proceedings (cont)                                         AR20140000722



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