BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20130022341 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) for the period ending 30 October 1946 to show the spelling of his last name as "S----TSON."

2.  The applicant states his last name is spelled as "S----TSON" and his WD AGO Form 53-55 for the period ending 30 October 1946 and has the letters "T" and "S" transposed.

3.  The applicant provides:

* WD AGO Form 53-55 for the period ending 8 November 1945
* WD AGO Form 53-55 for the period ending 30 October 1946
* birth certificate
* social security card
* social security benefit cost of living letter

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  The applicant's records were partially destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  He was inducted into the Army of the United States on 23 April 1945.  He was honorably discharged on 8 November 1945 for the purpose of immediate enlistment in the Regular Army.  His WD AGO Form 53-55 for this period shows his last name spelled as "S-----TSON."

4.  He enlisted in the Regular Army on 9 November 1945.  He was honorably discharged on 30 October 1946.  His WD AGO Form 53-55 for this period shows his last name spelled as "S----STON."

5.  With the exception of his WD AGO Form 53-55 for the period ending 30 October 1946, every other document in his military records shows his last name spelled as "S----TSON."

6.  He provided copies of his birth certificate, social security card, and social security benefit cost of living letter which all show his last name spelled as
 "S----TSON."

DISCUSSION AND CONCLUSIONS:

The applicant's records consistently show his last name spelled as "S----TSON."  It is clear that an administrative error occurred when recording his last name on his WD AGO Form 53-55 for the period ending 30 October 1946.  Therefore, it would be appropriate to correct his WD AGO Form 53-55 for this period to show his last name spelled as "S----TSON" at this time.



BOARD VOTE:

___x_____  __x______  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 30 October 1946 to show the spelling of his last name as shown on his birth certificate an WD AGO Form 53-55 for the period ending 8 November 1945.



      ___________x_____________
                  CHAIRPERSON

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130022341



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ABCMR Record of Proceedings (cont)                                         AR20130022341



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