MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 June 2002                   
	DOCKET NUMBER:   AR2002074370

	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	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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:  In effect, that his military records, to include a 
WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) and a WD AGO Form 100 (Separation Qualification Record), have the first name and middle initial, and birth date changed from Anthony W., born 
16 July 1917, to Walter J., born 14 March 1921.

APPLICANT STATES:  That he entered the work force in 1937 as Anthony W., born 16 July 1917, using his sister's baptismal certificate which shows a first name of Antoinette (no middle name or initial), born 16 July 1917, in Youngstown, Ohio.  An unnotarized photo copy of this certificate is provided by the applicant.  The applicant provides a photo copy of a WD AGO Form 53-55 and a WD AGO Form 100 showing that Anthony W., born 16 July 1917, entered the Army on 22 October 1942, and was discharged on 5 December 1945.  Both forms are signed by Anthony W..  The forms show a service number but do not show a social security number since such were not used on the forms at that time.

The applicant also provides an unnotarized photo copy of a birth certificate for a Wladislaiv (no middle name or initial), male, born 14 March 1921, in Farrell Borough, Mercer County, Pennsylvania.  The applicant states that this is his birth certificate and that the English version of the name Wladislaiv shown on the birth certificate is Walter.

The applicant also provides a photo copy of his driver's license and health insurance card showing Walter J..  He provides computer printer produced photos of an elderly man and elderly woman he identifies as Walter J. and Antonette.  He also provides unnotarized photo copies of finger print records for Walter J. and for Antonette created at New Cumberland, West Virginia, on 
2-1-01.  The fingerprint record for Walter J., states that he was born on 
14 March 1921, in Farrell, Pennsylvania; and that his Armed Forces number is the same as the one shown on the WD AGO Form 53-55 and WD AGO Form 100 provided.  The WD AGO Form 53-55 bears a right thumb print of the signer, Anthony W..  This right thumb print does not resemble the right thumb print on the fingerprint record copies provided.

The applicant states that he wants these corrections to become eligible for benefits at a local Veterans Affairs (VA) clinic.

EVIDENCE OF RECORD:  The applicant's military records show:

The Board has requested the applicant's military records from the repository in 
St. Louis, Missouri, but without success.  A fire destroyed approximately 
18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost in that fire.

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.  The applicant has not provided any conclusive evidence that Walter J. is the same person as Anthony W. on the discharge documents.  The discharge documents signed by Anthony W. are presumed to be correct.

2.  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

__rvo___  __rwa___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2002074370	
SUFFIX		
RECON		
DATE BOARDED	20020620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.01	
2.		
3.		
4.		
5.		
6.