PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           13 June 2002                   
	DOCKET NUMBER:   AR2002067615

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

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi 		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show the correct spelling of his name with an “e” instead of an “o” in the 7th digit of his surname and that his rank be changed from SP3 to SP5 on his Certification of Military Service.

3.  The applicant states his records were destroyed in the St. Louis Military Records Center fire in 1973.  He has requested his military records and only received a NA [National Archives] Form 13038 (Certification of Military Service), which misspells his last name.  He needs his name corrected for Social Security purposes.  He also provided a copy of an Honorable Discharge Certificate with his name spelled correctly and his rank of SP5, from the Army Reserve, dated  31 May 1962, Letter Orders 518, II U. S. Army Corps, Camp Kilmer, New Jersey, dated 31 May 1962 that discharges him from the Army Reserve and a copy of his New York Driver License, which expires on 19 July 2002. 

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

5.  The applicant attended college from 1952 to 1955.

6.  He was enlisted in the Reserve in 1954.

7.  The applicant was called to active duty with his consent, as an enlisted Reserve in the rank of corporal effective 28 February 1955.

8.  The applicant served on active duty from 28 February 1955 to 27 February 1957 when he was honorably released in the rank of Specialist Third Class (SP3) and assigned to the Army Reserve for completion of his obligated service.  His expiration of term of statutory service was shown as 1 December 1960.

9.  On 31 May 1962, he was discharged in the rank of Specialist Fifth Class (SP5) from the Army Reserve.  His discharge certificate and discharge orders show the spelling of his last name, as he now desires it to be.

10.  The Enlisted Grade Structure of the Army shows that the rank of SP3 was in effect from 1 July 1955 to 31 May 1958. Effective 1 June 1958, the rank SP3 (pay grade E-4) was converted to Specialist Four (pay grade E-4).

CONCLUSIONS:

1.  The evidence of record clearly shows the spelling of the applicant’s name is correct except for the Certification of Military Service, which should be corrected accordingly. 

2.  The evidence also shows he was ordered to active duty on 28 February 1955 and was released to return to his Reserve unit on 27 February 1957.

3.  There is no error or injustice in the rank of SP3 since a conversion took place and he was apparently promoted to SP5 after his separation from active duty and prior to discharge from the Army Reserve.  The Certification of Military Service shows his correct rank at the time as SP3. 

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the 7th digit of applicant’s last name as ”e” instead of “o”.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_cla____  _bje____  _dph____ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Celia L. Adolphi
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002067615	
SUFFIX		
RECON		
DATE BOARDED	20020613	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100	
2.		
3.		
4.		
5.		
6.