IN THE CASE OF:	  

		BOARD DATE:	  13 November 2012

		DOCKET NUMBER:  AR20120007875 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the spelling of his last name as "__eu___" instead of "__ue___."  He also requests his birthplace and home address be changed to show Gorham, IL instead of Gorhan, IL.  

2.  He states his discharge document shows the letters in his last name were transposed and his home town has one letter incorrect.  

3.  He provides his DD Form 214, birth certificate, and Medicare card.  

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 military records are not available to the Board for review.  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 or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  The applicant's mother signed a parental consent on 12 September 1948 which indicates the spelling of the applicant's last name as "__eu___" and the place where he was born as Gorham, IL.

4.  The applicant enlisted in the Regular Army on 16 September 1948 and he signed his WD AGO Form 21 (Enlistment Record – Regular Army) indicating his last name as "__ue___" and his home address as Gorham, IL.  

5.  The available documents in the reconstructed record indicate:

Document
Last Name
Birthplace/Home Address
Standard Form 88 (Report of Medical Examination)
"__ue___"  
Gorham, IL
WD AGO Form 0706 (Record of Award of Infantryman Badge)
"__ue___"  

Certificate, dated 16 September 1948
"__ue___"  

WD AGO Form 20 (Soldier's Qualification Record)
"__ue___"  
Gorhan, IL  
NME Form 93 (Record of Emergency Data for the Armed Forces of the U.S.)
"__ue___"  

Department of Veterans Affairs (VA) Form 3101 (Request for Army Information)
"__ue___"  
Gorham, IL
WD AGO Form 30-S (Army Discontinuance)
"__ue___"  
Gorhan, IL
6.  The applicant was discharged on 24 September 1951.  His DD Form 214 indicates the spelling of his last name as "__ue___" and his place of birth and home address as Gorhan, IL.

7.  He provided a copy of his birth certificate which indicates the spelling of his last name as "__eu___" and his birthplace as Gorham, IL.  He also provided a copy of his Health Insurance card which indicates the spelling of his last name as "__eu___."

8.  A search of website Wikipedia.com revealed Gorham is a village in Jackson County, IL, United States.  No results were found for Gorhan, IL. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's available records contain evidence which shows the spelling of his last name as "__eu___" as reflected on his birth certificate he provided.  

2.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show the spelling of his last name as shown on his birth certificate.

3.  The available documents in his reconstructed records show his birthplace and home address as Gorham, IL.  Therefore, it would be appropriate to amend his DD Form 214 to show his birthplace and home address as Gorham, IL. 

BOARD VOTE:

___X_____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:

	a.  amending item 1 to show the spelling of his last name as shown on his birth certificate; and

	b.  amending items 11 and item 20 to show his birthplace and home address as Gorham, IL.



      _______ _   _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)                                         AR20120007875





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ABCMR Record of Proceedings (cont)                                         AR20120007875



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