MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 January 2002                   
	DOCKET NUMBER:   AR2001059851

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his Report of Separation, WD AGO Form 53-55, be amended to show the correct spelling of his last name.

APPLICANT STATES:  That his last name is misspelled on his WD AGO Form 53-55.  His name is actually spelled ____otolo, James A.  He provides a certified copy of his birth certificate as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

The applicant was inducted and entered active service on 14 July 1944.  He separated on 4 July 1946.  His name is shown as ____atto, James A. on his WD AGO Form 53-55.

The birth certificate provided by the applicant shows that his birth name was originally listed as V___ ____ato.  His father’s name is listed as C___ ____ato.  The applicant’s name was lined out and “James ____otolo” was printed in with an asterisked explanation that it was corrected by his baptismal certificate       “12-04-89.”

Army Regulation 635-5 is the current regulation which prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  TM 12-235, in effect at the time, provided similar policy for preparation of the WD AGO Form 53-55.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  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.

2.  From the birth certificate provided, it appears that the applicant’s birth name was neither ____otolo nor ____atto.  He does not provide the baptismal certificate which evidently changed both his first name and the spelling of his last name.  Neither his induction documents nor any other documents are available to show the name he was inducted under and served under.  In the absence of evidence to the contrary, the Board presumes he was separated with the name under which he served.  While the Board understands his desire to have the records changed, it finds no basis for compromising the integrity of the Army’s records.  This Board action will be filed in his military records so his birth certificate will be on hand.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__inw___  __hof___  __dph___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001059851	
SUFFIX		
RECON		
DATE BOARDED	20020115	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.		
3.		
4.		
5.		
6.