IN THE CASE OF:  

		BOARD DATE:  16 October 2014	  

		DOCKET NUMBER:  AR20140001700 


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 grandson of a deceased former service member (FSM), requests the FSM's official Medal of Honor record be changed to show the name Rxxxxx Smith alias Hxxxx Reynolds. 

2.  The applicant states:

	a.  the current record only shows the name Rxxxxx Smith.

	b.  his grandfather was the recipient of the Medal of Honor for valor during the Battle of Slim Buttes on 9 September 1876, awarded on 16 October 1877.

	c.  at the time of the award, the Army was not aware that Rxxxxx Smith was Hxxxx Reynolds.  Smith/Reynolds was discharged on 22 May 1877 and had left the service before the award.

	d.  as Reynolds had reverted to his true name, the Army could not locate him.  Reynolds was given a pension of $50.00 per month starting in April 1928 until his death in January 1930.

	e.  the Congressional Medal of Honor Society and the Medal of Honor Society each concur that Smith and Reynolds were the same person.

	f.  in January 2013 he attempted to obtain a replacement Medal of Honor for the one awarded to Rxxxxx Smith (alias Hxxxx Reynolds) from the Awards and Decorations Branch at Fort Knox, KY, but that office does not have adequate proof that Smith and Reynolds were the same person.

3.  The applicant provides:

* FSM's Declaration for Survivors Pension
* Affidavit from Reynolds, dated 31 March 1928
* Document from War Department, dated 3 June 1928
* Bureau of Pensions, Board of Review, dated 21 June 1928
* FSM's pension card
* FSM'S death certificate
* Awards and Decorations Branch documentation, dated 2013

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 to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  An Oath of Enlistment and Allegiance shows Rxxxxx Smith enlisted on 
14 October 1872.

4.  There are no orders for the Medal of Honor in the available records.  However, the Decorations and Awards Branch at the U.S. Army Human Resources Command at Fort Knox, KY provided the following documentation:


	a.  A letter from a general, dated 29 May 1877, which states Private Rxxxxx Smith was recommended for a medal for bravery at the battle of Slim Buttes on 
9 September 1876.
  
	b.  Document from the Adjutant General's Office, dated 16 October 1877, which states Private Rxxxxx Smith was recommended for a Medal of Honor. 

	c.  A letter from the Adjutant General, dated 16 October 1877, who requested a Medal of Honor be engraved for Private Rxxxxx Smith.   

	d.  A document, dated 12 February 1878, wherein Rxxxxx Smith acknowledged receipt of the Medal of Honor. 

5.  There is no discharge document available.

6.  The applicant provides a copy of the FSM's Declaration for Survivor's Pension – Indian Wars, dated 6 March 1928, signed by Rxxxxx Smith which states:

* he was born on 8 August 1847
* he enlisted under the name of Rxxxxx Smith on 14 October 1872
* he was discharged on 22 May 1877

7.  The applicant provides an affidavit, dated 31 March 1928, signed by Hxxxx Reynolds which states:

	a.  He is the identical person who is filing a declaration for survivor’s pension under the name of Rxxxxx Smith.

	b.  His real name is Hxxxx Reynolds.

	c.  He enlisted on 14 October 1872.

	d.  Several of his friends enlisted under fake names on or about the same time.  He enlisted under the name of Rxxxxx Smith because he had several friends in Philadelphia whom he did not want to know that he had joined the Army or where he had gone.

8.  The applicant also provides:

	a.  A War Department document, dated 3 June 1928, which indicates Rxxxxx Smith enlisted on 14 October 1872 and he was honorably discharged on 22 May 1877.

	b.  A Bureau of Pensions Board of Review document, dated 21 June 1928, that shows the name Reynolds alias Smith.

	c.  A pension card that shows the name Rxxxxx Smith alias Hxxxx Reynolds. 

	d.  A death certificate which show Hxxxx Reynolds died on 5 January 1930.

	e.  Letters, dated 12 July 2013 and 7 October 2013, from the Awards and Decorations Branch at Fort Knox, KY.  That office was unable to verify that Hxxxx Reynolds and Rxxxxx Smith were recognized by the War Department as the same individual.     

9.  Army Regulation 600-8-22 (Military Awards) states the Medal of Honor is awarded by the President in the name of Congress to a person who, while a member of the Army, distinguishes himself or herself conspicuously by gallantry and intrepidity at the risk of his life above and beyond the call of duty while engaged in an action against an enemy of the United States.  The deed performed must have been one of personal bravery or self-sacrifice so conspicuous as to clearly distinguish the individual above his or her comrades and must have involved risk of life.  Incontestable proof of the performance of the service is required.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the FSM's official Medal of Honor record be changed to show the name Rxxxxx Smith alias Hxxxx Reynolds.      

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should actually 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.  

3.  The FSM's Oath of Enlistment and Allegiance shows he enlisted under the name Rxxxxx Smith.  It appears he appropriately served on and was discharged in this name.  This is the name under which his heroic actions occurred.  While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records.

4.  The applicant is advised that a copy of this decisional document, which confirms the FSM's correct name and alias, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the difference in the names in his OMPF and satisfy the applicant's desire to have the FSM's correct name and alias documented in his OMPF.

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)                                         AR20140001700





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ABCMR Record of Proceedings (cont)                                         AR20140001700



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