Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001059822C070421
Original file (2001059822C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 September 2001
         DOCKET NUMBER: AR2001059822


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. Luther L. Santiful Chairperson
Mr. Melvin H. Meyer Member
Mr. John T. Meixell Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that his Report of Separation, DD Form 214, be amended to show the name he prefers to use and his correct birth date.

3. The applicant states that his name is E___ P__ero-Zav___, not E___ P__yro-Eab___, and he prefers to use E___ P___. He provides a Certification of Birth to show he was born on 1 October 1933, not 16 November 1930.

4. The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

5. The provided Certification of Birth shows the applicant’s name as E___ P__ero-Zav___ and that he was born on 1 October 1933.

6. The applicant entered the Army on 11 January 1954. He separated on 10 January 1956. The print on the available DD Form 214 is faint but appears to show his name as E___ P__ero_-Zab___ and his date of birth as 16 November 1930.

7. Army Regulation 635-5 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. In pertinent part it states that 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.

CONCLUSIONS:

1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

2. While the applicant’s records are not available, he provides an original Certification of Birth that shows his name as E___ P__ero-Zav___ and his date of birth as 1 October 1933. The Board presumes his induction documents and service records showed this spelling of his name and this date for birth.

3. While the Board understands the applicant’s desire to have the records changed to reflect the preferred spelling of his name, it finds no basis for compromising the integrity of the Army’s records.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That the applicant’s DD Form 214 be amended to show his name spelled as reflected on the provided Certification of Birth (E___ P__ero-Zav___) and his date of birth as 1 October 1933.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__lls___ __mhm___ __jtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Luther L. Santiful
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001059822
SUFFIX
RECON
DATE BOARDED 20010906
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 100.01
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2013 | 20130006519

    Original file (20130006519.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 18 November 1952 as follows: * item 10 (Date of Birth (DOB)) to show his year of birth as 1930 vice 1950 * item 14 (Selective Service Local Board Number (City, County, State)) to show the spelling of the county as Natrona vice Netrona 2. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR...

  • ARMY | BCMR | CY2001 | 2001056565C070420

    Original file (2001056565C070420.rtf) Auto-classification: Denied

    I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely...

  • ARMY | BCMR | CY2002 | 2002075955C070403

    Original file (2002075955C070403.rtf) Auto-classification: Approved

    The applicant requests correction of his records to show the correct spelling of his last name and to show his correct date of birth. The Board considered the applicant's request to correct the spelling of his last name from G------s to G------z. Therefore, the Board determined that the applicant's WD AGO Form 53-55 should be corrected to show his birth date as 20 November 1923.

  • ARMY | BCMR | CY2008 | 20080015281

    Original file (20080015281.txt) Auto-classification: Denied

    There is no evidence in the applicant's available service personnel records that shows he attempted to have his name changed or to correct his date of birth while he served on active duty. Item 10 of the DD Form 214 the applicant was provides at the time of his release from active duty shows his date of birth to be 31 July 1933. The applicant is advised that a copy of this Board action will be filed in his official military personnel records so it will be a matter of record and that those...

  • ARMY | BCMR | CY2007 | 20070003015

    Original file (20070003015.txt) Auto-classification: Approved

    The evidence of record shows, at the time of the applicant’s separation from active duty, the instructions for recording entries in Item 12 (Description – Race) of the DD Form 214 state to enter the Race precisely as shown on the enlistment record filed with the Service Record. The applicant’s military Service Record is not available to the Board. As a result, the Board recommends denial of so much of the application that pertains to the applicant’s Race (i.e., being recorded as Black);...

  • ARMY | BCMR | CY2009 | 20090020118

    Original file (20090020118.txt) Auto-classification: Denied

    The applicant requests item 5 (Date of Birth) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1981 be corrected. 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. This Board action will be filed in the applicant's military records...

  • ARMY | BCMR | CY2008 | 20080000937

    Original file (20080000937.txt) Auto-classification: Approved

    The applicant requests correction of item 10 (Date of Birth) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 31 October 1930 and correction of item 12 (Description) to show his race as Hispanic and his height as 5 feet and 2 inches. The applicant’s military records are not available to the Board. This document is accepted as sufficient evidence as a basis to amend item 10 on his DD Form 214 to show his DOB as 31...

  • ARMY | BCMR | CY2003 | 03099237C070212

    Original file (03099237C070212.doc) Auto-classification: Approved

    The applicant provides a self-authored statement, a statement from his brother Xxxx, a copy of his birth certificate and marriage certificate, a statement from his former spouse, a copy of a court document, and a copy of a DVA certificate of eligibility from 1964 certifying his military service under the name “Xxxx Xxxx (served as Xxxx X. Xxxx).” CONSIDERATION OF EVIDENCE: 1. The applicant’s military records are not available to the Board for review. In the absence of more complete...

  • ARMY | BCMR | CY2010 | 20100000261

    Original file (20100000261.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his record to show his name is J____ R_______ M_____. The evidence of record shows the applicant was inducted under the name J____ E___ R_______, later he enlisted in the Regular Army under this name, and used the signature J____ E___ R_______ or J____ E. R_______ consistently throughout his military service.

  • ARMY | BCMR | CY2013 | 20130006145

    Original file (20130006145.txt) Auto-classification: Denied

    The applicant requests correction of his records to show his middle name as Kirkland instead of Keith and his birth year as 1933 instead of 1932. 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. This should serve to clarify any questions or confusion regarding the difference in the year...