MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            31 July 2003      
	DOCKET NUMBER:   AR2003085011

	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 L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Gail J. Wire		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Robert Duecaster		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 the discharge records of her deceased spouse, a former service member (FSM), be amended to show his correct name.

APPLICANT STATES:  That the FSM's last name was mistakenly put on his discharge papers as R___, which was his middle name, and he never corrected it while he was alive.  As supporting evidence, she provides his discharge certificate, a Certification of Military Service, his "Enlisted Record…" (document title partially obliterated), his death certificate, and a statement from the Scotts Bluff County Attorney attesting that Pedro C___ R___ and Pedro R___ C___ are one and the same person.

EVIDENCE OF RECORD: The applicant's military records were presumably lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources (the documents provided by the applicant plus the FSM's final pay statement).

The FSM was inducted into the Army on 11 June 1943 apparently under the name Pedro C. R___.  He was honorably discharged on 16 December 1943 under the name Pedro C. R___.

The provided "Enlisted Record…" shows the FSM signed the document as Pedro C. R___.  He signed his final pay statement as Pedro C. R___.

The FSM died on 13 December 2002.  His death certificate shows his father's name as Pedro C___ and his mother's name as Tiburcia R___.

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.  The Board notes that the FSM’s death certificate shows his father's last name was C___ and his mother's last name was R___, indicating he may have been inducted into the Army under his mother's name.  However, from the available records it appears that he served on and was separated under the name Pedro C. R___.  He signed two of the available documents, including his final pay statement, as Pedro C. R___.  

3.  The Board understands the applicant’s desire to have the FSM's records changed.  However, considering the lack of available records and the passage of time, it finds no basis for compromising the integrity of the Army’s records.  This Board action will be filed in the FSM's military records so a record of his correct name will be on hand.

4.  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

__gjw___  __kah___  __rd     __  DENY APPLICATION

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

INDEX

CASE ID	AR2003085011	
SUFFIX		
RECON		
DATE BOARDED	20030731	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	100.01	
2.		
3.		
4.		
5.		
6.