IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140005638
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 daughter of a former service member (FSM), requests correction of her father's records to show his last name as "Sxxxxc" instead of "Sxxxxs."
2. The applicant states the FSM's last name should be spelled "Sxxxxc" on his discharge document because that is his legal last name. The FSM told them (Army) his last name was spelled "Sxxxxs" when he first enlisted in the Army for no specific reason.
3. The applicant provides the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation), the FSM's social security benefits statement, her birth certificate, her marriage license, and a General Power of Attorney.
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 records are not available 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 contained in the reconstructed record and to conduct a fair and impartial review of this case.
3. The FSM's WD AGO Form 53-55 indicates he was inducted into the Army of the United States and entered active service on 5 September 1942.
4. The FSM's Final Payment - Work Sheet and a Department of Veterans Affairs document both show his last name as "Sxxxxs."
5. He was honorably discharged on 9 February 1946. Item 1 (Last Name First Name Middle Name) of the WD AGO Form 53-55 he was issued at the time shows his last name as "Sxxxxs."
6. The applicant provided a copy of the FSM's social security statement and a General Power of Attorney, which show his last name as "Sxxxxc."
7. Department of the Army Technical Manual TM 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 during World War II. This regulation directed to enter the last name, first name, and middle name in item 1 of the WD AGO Form 53-55.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the FSM's last name should be shown as "Sxxxxc" on his discharge document because this is his legal last name.
2. The applicant states the FSM told them (Army personnel) that his last name was spelled "Sxxxxs" when he first enlisted in the Army for no specific reason.
3. For historical purposes, the Army has an interest in maintaining the accuracy 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, this Board is reluctant to recommend that those records be changed.
4. The applicant is advised that a copy of this decisional document will be filed in the FSM's reconstructed Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference of the name in his military records and to satisfy his desire to have his current name 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) AR20140005638
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ABCMR Record of Proceedings (cont) AR20140005638
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