PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 July 2002
	DOCKET NUMBER:   AR2002071758

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Harry Oberg		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, in effect, that his military records be changed to reflect his current name; and that the Soldier’s Medal he earned be added to his separation document (WD AGO Form 53-55) as an authorized award.

3.  The applicant states, in effect, that it is his sincere desire that the name recorded in his military records be changed to show his current name.  He claims that he legally changed his name subsequent to his discharge in 1946.  In support of his application, he provides copies of the following documents:  a court decree, dated 2 April 1946, issued in the State of New York, which authorized his name change; an award citation for the Soldier’s Medal; his WD AGO Form 53-55; and his Honorable Discharge Certificate.

4.  The applicant’s military records were lost or destroyed in the fire that occurred at the National Personnel Records Center in 1973.  The information herein was gleaned from a copy of the applicant’s WD AGO Form 53-55.

5.  The applicant’s WD AGO Form 53-55 confirms that he entered active duty 
31 March 1943, and that he continuously served on active duty until being honorably separated, in the rank of technician five (TEC-5), on 12 February 1946.  Item 1 (Last Name, First Name, Middle Name) contains the name under which the applicant performed his military service.  Item 56 (Signature of Person Being Separated) contains the applicant’s signature, which is the same as the name recorded in Item 1.  This signature confirms that he verified the information contained in this document, to include his name, on the date of his separation.

6.  The applicant’s WD AGO Form 53-55 also shows that he served in the European Theater of Operations (ETO), and that he participated in the Rhineland campaign of World War II.  This document also shows that he earned the following awards during his tenure on active duty:  European-African-Middle Eastern Service Medal; Good Conduct Medal; World War II Victory Medal; and American Service Medal, that is currently referred to and correctly known as the American Campaign Medal. 

7.  The applicant provided a court decree, dated 2 April 1946, issued by the 
State of New York.  This document was published subsequent to his separation from the Army on 12 February 1946, and ordered that his name be changed, effective 12 June 1946.  

8.  The Soldier’s Medal Citation provided by the applicant shows that he was awarded the Soldier’s Medal by Headquarters Army Service Forces, Washington D.C.  This citation indicates that he received the award for crossing the hurricane swept deck of an Army transport ship to administer first aid to military personnel injured by the forces of the storm.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Soldier's Medal (SM) is awarded for distinguished heroism not involving actual conflict with the enemy.  The same degree of heroism is required as for award of the Distinguished Flying Cross.  The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy.  Awards of the Soldier’s Medal will not be made solely on the basis of having saved a life.  

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of the European-African-Middle Eastern (EAME) Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.  In addition, it states that a bronze service star is authorized for each campaign a member participated in and will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

CONCLUSIONS:

1.  The Board notes and understands the applicant’s desire to have the name recorded in his military records changed to his current name that was legally changed by court order on 2 April 1946.  However, there is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice.  Further, the Board finds an insufficient evidentiary basis to conclude that he has or would suffer an injury or injustice as a result of the Army maintaining its records with the name under which he served.

2.  The applicant was inducted, served, and was honorably separated from the Army under the name shown in his military records.  The fact that his name was legally changed subsequent to his separation is not sufficiently mitigating to warrant changing the name recorded in his military records.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  While the Board understands the applicant’s desire to have the records changed, it finds no compelling reason for compromising the integrity of the Army’s records at this time.  

3.  The Board wishes to advise the applicant that a copy of this decisional document, along with his application and the supporting evidence he provided, which confirms his name change, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in his current name and the name recorded in his military record, and satisfy his desire to have his legal name change documented in his record.

4.  The Boards notes the applicant’s contention that his WD AGO Form 53-55 should list the Soldier’s Medal as an authorized award and it finds this claim has merit.  Lacking his official records and evidence to the contrary, the Board finds that the Soldier’s Medal Citation provided by the applicant is sufficient evidence to confirm he earned the award for crossing the hurricane swept deck of an Army transport ship to administer first aid to military personnel injured in the forces of the storm.  Thus, the Board concludes it would be appropriate to add this award to his record at this time.

5.  The available evidence also confirms that during his assignment tenure in the ETO, the applicant participated in 1 campaign.  Therefore, the Board concludes that he is entitled to 1 bronze service star with his European-African-Middle Eastern Campaign Medal, and it should be added to his record at this time. 

6.  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, particularly the WD AGO Form 53-55 of the individual concerned be corrected by showing that he was awarded the Soldier’s Medal and 1 bronze service star with his European-African-Middle Eastern Campaign Medal; and by providing him a corrected separation document that reflects these changes.

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

BOARD VOTE:  

__TSK__  __JTM__  __HBO___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Ted S. Kanamine___
		        CHAIRPERSON

INDEX

CASE ID	AR2002071758	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/07/11	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Partial Relief)	
REVIEW AUTHORITY		
ISSUES         1.	107.0010	
2.		
3.		
4.		
5.		
6.