IN THE CASE OF: BOARD DATE: 27 July 2011 DOCKET NUMBER: AR20100029022 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as "Jack." 2. The applicant states his first name is "Jack," not "Jackie" as shown on his DD Form 214 with a separation date of 8 September 1966. 3. The applicant provides a copy of his certified birth record as evidence to support his application. 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 enlisted in the U.S. Army Reserve on 24 August 1965. The DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his name typewritten in item 1 (Last Name – First Name – Middle Name) as "M____, JACK L___)." The applicant authenticated this form in his own handwriting as "JACK L____ M____." 3. There is no record or copy of the source document used for verification of his name filed in the applicant's personnel record. 4. On 25 July 1966, Letter Orders Number 6-728 ordered the applicant to active duty for training for a period of 6 months for the purpose of attending basic and advanced individual training. These orders show the applicant's standard name line as "M____, JACK L." 5. On 8 September 1966, he was released from active duty prior to completing his required active service. He was issued a DD Form 214 that shows the entry "M____, JACKIE L____" in item 1 (Last Name – First Name – Middle Name). 6. The applicant provided his record of birth that shows his name as "JACK L____ M____." 7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: The applicant's enlisted record shows he enlisted in the U.S. Army Reserve with his first name shown as "JACK." For unknown reasons, his discharge document issued on 8 September 1966 shows his first name as "JACKIE." An obvious error occurred in the preparation of his DD Form 214. Therefore, it would be appropriate to correct his first name on his DD Form 214 to show "JACK," not "JACKIE." 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 correcting item 1 of his DD Form 214 with a separation date of 8 September 1966 to show his first name as "JACK." ___________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) AR20100029022 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100029022 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1