Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140002176
Original file (20140002176.txt) Auto-classification: Approved

		
		BOARD DATE:	 18 September 2014 

		DOCKET NUMBER:  AR20140002176 


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) to show the correct spelling of his last name as "Schumacher" vice "Schumaker."

2.  He states his last name is spelled incorrectly. 

3.  He provides:

* WD AGO Form 53-55
* Social Security Card
* Health Insurance Card

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 military records are not available to the ABCMR for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case is being considered using the documents provided by the applicant and those contained in his reconstructed personnel file.

3.  Records available to the Board show the applicant was inducted into the Army of the United States and entered active duty on 3 January 1942.  He served 3 years, 11 months, and 25 days on active duty and he was honorably discharged from active duty service on 27 December 1945.

4.  Documents contained in his reconstructed personnel file such as his Clinical Record Brief dated 7 May 1944 and his Physical Examination show the spelling of his last name as "Schumacher."

5.  Item 1 (Last Name, First Name, Middle Name) of his WD AGO Form 53-55 shows the spelling of his last name as "Schumaker."  However, item 56 (Signature of Person Being Separated) shows the spelling of his last name as  “Schumacher." 

6.  His Social Security Card and health insurance card show his name spelled as “Schumacher."

DISCUSSION AND CONCLUSIONS:

Although the applicant's complete military records are not available, his Clinical Record Brief, Physical Examination, Social Security Card, and insurance card confirm the correct spelling of his last name as "Schumacher."  Additionally, Item 56 of his WD AGO Form 53-55 shows the correct spelling of his last name.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the spelling of his last name as "Schumacher."

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 amending his WD AGO Form 53-55 to show the spelling of his last name as "Schumacher" as it appears on his Social Security Card.



      _________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)                                         AR20140002176





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140002176



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080017362

    Original file (20080017362.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 19 February 2009 DOCKET NUMBER: AR20080017362 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant’s 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 | CY2011 | 20110006233

    Original file (20110006233.txt) Auto-classification: Approved

    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 | CY2012 | 20120020052

    Original file (20120020052.txt) Auto-classification: Denied

    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 | CY2013 | 20130022341

    Original file (20130022341.txt) Auto-classification: Approved

    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." 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. The applicant's complete military records are not available for review.

  • ARMY | BCMR | CY2005 | 20050005209C070206

    Original file (20050005209C070206.doc) Auto-classification: Denied

    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 | CY2008 | 20080014211

    Original file (20080014211.txt) Auto-classification: Denied

    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 applicant’s application will be filed in his military records.

  • ARMY | BCMR | CY2013 | 20130010426

    Original file (20130010426.txt) Auto-classification: Denied

    The applicant requests correction of his record to show the spelling of his last name as P____l instead of P____e. Although the applicant requests to correct his military record to show his last name as depicted on his civilian documents, all of the available documents in his military service record show he served in the Army using the name P____e as listed on his WD AGE Form 53-55. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human...

  • ARMY | BCMR | CY2015 | 20150001923

    Original file (20150001923.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and his Honorable Discharge (HD) Certificate to show his name as "R__ W. The applicant provides: * WD AGO Form 53-55 * Certificate of Training * Health Insurance card CONSIDERATION OF EVIDENCE: 1. _______ _ _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...

  • ARMY | BCMR | CY2014 | 20140005638

    Original file (20140005638.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant, the daughter of a former service member (FSM), requests correction of her father's records to show his last name as "Sxxxxc" instead of "Sxxxxs." The applicant is advised that a copy of this decisional document will be filed in the FSM's reconstructed Official Military Personnel File (OMPF).

  • ARMY | BCMR | CY2005 | 20050007465C070206

    Original file (20050007465C070206.doc) Auto-classification: Approved

    The applicant requests that the records of her deceased husband, a former service member (FSM) be corrected to reflect the correct spelling of his last name. The FSM’s 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.