BOARD DATE:	 18 September 2014 

		DOCKET NUMBER:  AR20140002176 


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) to show the correct spelling of his last name as "Schumacher" vice "Schumaker."

2.  He states his last name is spelled incorrectly. 

3.  He provides:

* WD AGO Form 53-55
* Social Security Card
* Health Insurance 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 ABCMR 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.  This case is being considered using the documents provided by the applicant and those contained in his reconstructed personnel file.

3.  Records available to the Board show the applicant was inducted into the Army of the United States and entered active duty on 3 January 1942.  He served 3 years, 11 months, and 25 days on active duty and he was honorably discharged from active duty service on 27 December 1945.

4.  Documents contained in his reconstructed personnel file such as his Clinical Record Brief dated 7 May 1944 and his Physical Examination show the spelling of his last name as "Schumacher."

5.  Item 1 (Last Name, First Name, Middle Name) of his WD AGO Form 53-55 shows the spelling of his last name as "Schumaker."  However, item 56 (Signature of Person Being Separated) shows the spelling of his last name as  “Schumacher." 

6.  His Social Security Card and health insurance card show his name spelled as “Schumacher."

DISCUSSION AND CONCLUSIONS:

Although the applicant's complete military records are not available, his Clinical Record Brief, Physical Examination, Social Security Card, and insurance card confirm the correct spelling of his last name as "Schumacher."  Additionally, Item 56 of his WD AGO Form 53-55 shows the correct spelling of his last name.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show the spelling of his last name as "Schumacher."

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 all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to show the spelling of his last name as "Schumacher" as it appears on his Social Security Card.



      _________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)                                         AR20140002176





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ABCMR Record of Proceedings (cont)                                         AR20140002176



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