IN THE CASE OF: 	  

		BOARD DATE: 	  13 January 2015

		DOCKET NUMBER:  AR20140009914


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 (Armed Forces of the United States Report of Transfer or Discharge) by showing his middle name as Jules.

2.  The applicant states his DD Form 214 shows his middle name as James when, in fact, it is Jules.

3.  The applicant provides copies of:

* A DD Form 214
* A New York State Driver License
* Name Page from his United States Passport
* Social Security Card
* Veterans Administration Card
* A Medicare Health Insurance Card
* Payment Record, Department of Veterans Affairs, dated 22 May 2014

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.  On 9 June 1965, the applicant entered the Regular Army as a commissioned officer.  On 28 February 1970, he was released from active duty.  His DD Form 214 for this period of active duty shows his middle name as James.  His signature on the form indicates his middle initial as "J."

3.  The following documents contained in the applicant’s military records show his middle name as Jules:

* Certification of Birth issued 28 January 1959
* DA Form 66 (Officer Qualification Record)
* DA Form 873 (Certificate of Clearance and/or Security Determination)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant’s middle name is Jules and not James, as indicated on his DD Form 214.

2.  In view of the above, the applicant’s DD Form 214 should be corrected as recommended below.

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 deleting from his DD Form 214 the middle name entry of James and replacing it with the middle name entry as Jules, as shown on his Certification of Birth.



      __________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)                                         AR20140002210



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ABCMR Record of Proceedings (cont)                                         AR20140009914



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