IN THE CASE OF:
BOARD DATE: 28 April 2015
DOCKET NUMBER: AR20140015895
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 to have his correct name listed on General Order (GO) Number 812 and a new Silver Star Certificate with his correct name listed.
2. The applicant states his last name was misspelled in the GO Number 812 that awarded him the Silver Star. Additionally, the Silver Star Certificate has his last name misspelled. It should be M_____ros vice M_____rous.
3. The applicant provides:
* GO Number 812 awarding him the Silver Star
* Honorable Discharge from the National Guard.
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. A complete copy of the applicants 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 (NPRC) in 1973. It is believed that a portion of the applicants records were lost or destroyed in that fire.
3. On 24 June 1948, the applicant enlisted in the Hawaii Army National Guard and was honorably discharged on 17 February 1950.
4. His DD Form 214 (Report of Separation Form the Armed Forces of the United States) shows he enlisted in the Regular Army (RA) on 9 August 1950. He was assigned to Company L, 23rd Infantry Regiment, 2nd Infantry Division.
5. GO Number 812 shows he was awarded the Silver Star for gallantry in action on 8 October 1951, in Satae-ri, Korea. Headquarters, 2nd Infantry Division GO Number 812, dated 4 December 1951, awarded him the Silver Star. However, the applicant's last name is misspelled. It lists his last name as M_____rous, vice M_____ros.
6. On 21 September 1953, he was honorably discharged from the RA. He later served in the RA from 16 December 1953 to 23 December 1955.
7. With the exception of the Silver Star orders and Certificate, his last name is spelled M_____ros in the available records.
DISCUSSION AND CONCLUSIONS:
His last name was misspelled on his Silver Star orders and on the accompanying Certificate. Therefore, it is appropriate to correct GO Number 812 with the name of M______ros vice M_____rous, and to re-issue a Silver Star Certificate with the correct spelling of his name.
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 GO Number 812 and reissuing a Silver Star Certificate showing his last name spelled as M_____ros vice M______rous.
___________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) AR20110004251
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ABCMR Record of Proceedings (cont) AR20140015895
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