IN THE CASE OF:
BOARD DATE: 4 November 2008
DOCKET NUMBER: AR20080011492
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, in effect, that his first name on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 July 1980 be changed to James instead of Ji.
2. The applicant states that James is his legal American first name that he received after he gained citizenship.
3. The applicant provides, in support of his application, copies of his
DD Form 214, his Certificate of Naturalization, and a letter from the Department of Veterans Affairs (VA).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant initially enlisted in the U.S. Army Reserve Delayed Entry/Enlistment Program (DEP) on 29 April 1977. Item 1 (Name) of his
DD Form 4 (Enlistment/Reenlistment Agreement, Armed Forces of the United States) records his first name as Ji.
3. On 13 July 1977, the applicant enlisted in the Regular Army for a period
of 3 years. The DD Form 4c (Enlistment/Reenlistment Agreement [continuation Sheet]) records the applicant's first name as Ji.
4. The applicant's first name is recorded as Ji throughout his military personnel record.
5. On 12 July 1980, the applicant was released from active duty. His first name in Item 1 (Name) of his DD Form 214 is recorded as Ji.
6. On 10 June 1981, the applicant was naturalized a U.S. citizen by the U.S. District Court, Eastern District of North Carolina. The applicant's first name is recorded as James on his Certificate of Naturalization. A note attached to the certificate states the applicant's first name was changed by decree of the court from Ji as part of the naturalization on 10 June 1981.
DISCUSSION AND CONCLUSIONS:
1. The applicants first name appears as Ji throughout his military personnel record for the period of service from 13 July 1977 (date of enlistment) to
12 July 1980 (the date he was released from active duty). Therefore, the applicants DD Form 214 reflects the correct first name under which the applicants active military service was performed.
2. The applicant's first name was legally changed to James 11 months after the period of service covered by his DD Form 214.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data/information contained in those records should 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, those records should not be changed.
4. The applicant's desire to have the records changed is understandable; however, there is no basis for compromising the integrity of the Army's records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___________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) AR20080011492
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080011492
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
NAVY | BCNR | CY2012 | 04128-12
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. In February 1980 you were advised that administrative separation action had been initiated by reason of misconduct, but held in abeyance pending a medical evaluation for alcohol abuse. You were sentenced to confinement at hard labor for two months, a $598 forfeiture of pay, and a...
ARMY | BCMR | CY2012 | 20120021360
The applicant requests correction of his records by issuing him a DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his honorable service during his first enlistment and correcting his last DD Form 214 to reflect his service during his second period of service. The DD Form 214 he was issued at the time shows that he served from 19 July 1977 through 8 June 1981. The regulation in effect at the time of the applicant's discharge and which continues to this day...
ARMY | BCMR | CY2003 | 2003085535C070212
She further contends that in order to correct her retired pay, DFAS requires a corrected "Statement of Service" with her correct DIEMS date of 6 September 1977. The new law provided for the computation of retired pay as a percentage of a member’s retired pay base. That DFAS correct the applicant’s service entry date to show she entered a Uniformed Service on 6 September 1977.
ARMY | BCMR | CY2007 | 20070000712
The applicant requests correction of his military records to show his first name as Jorge. The applicants Enlistment Agreement (DD form 4) dated 14 July 1977, shows his name as George, but that he signed the form as Jorge. The applicant signed his name as George.
ARMY | BCMR | CY2013 | 20130013012
The applicant requests correction of his military records by: a. changing his name, dates of service and rank on National Archives (NA) Form 13038 (Certification of Military Service); b. showing on his DD Form 214 ending on 16 April 1982, that he held military occupational specialty (MOS) 51B2O (Carpentry and Masonry Specialist) for 2 years and 6 months; held additional skill identifier (ASI) C2 on his MOS 11B1O (Infantryman); held MOS 11B1O for only 3 years; and was awarded the Army...
ARMY | BCMR | CY2007 | 20070016080
The applicant requests correction of Item 1 (Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 17 September 1981 to show his first name is W_ _ _ _ _ instead of F_ _ _ _. The applicants records show that he used the first name F_ _ _ _ in all military documents and records throughout his military service. Evidence of record shows the applicant enlisted and served using the first name of F_ _ _ _ throughout his military career.
ARMY | BCMR | CY2011 | 20110018286
The ARCOTR may be awarded retroactively to those personnel who successfully completed AT or ADT on foreign soil in a Reserve status prior to 11 July 1984 provided they had an active status on or after 11 July 1984. c. the AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years. The evidence of record shows the applicant served in Korea during a qualifying period of service for...
ARMY | BCMR | CY2004 | 2004106614C070208
However, his DD Form 214 shows that he was discharged under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) by reason of misconduct. On 18 March 1981, the applicant was discharged from active duty and was issued an under other than honorable conditions discharge based on the provisions of chapter 10 of Army Regulation 635-200. The applicant's records show that he was confined by civilian authorities for theft and was AWOL for two periods during his...
ARMY | BCMR | CY2009 | 20090002247
Application for correction of military records (with supporting documents provided, if any). Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the document provided by the applicant is insufficient to warrant a change to the name recorded in her military service records and on her discharge document. In this regard, the evidence of record shows that the applicants military...
ARMY | BCMR | CY2009 | 20090002233
A USAICS Form 174, dated 31 March 1978, that shows the applicant successfully completed the Signal Security Specialist Course for military occupational specialty 05G (Signal Security Specialist) on 31 March 1978. c. A DD Form 256A, dated 8 May 1980, and Headquarters, 569th Personnel Service Company (Germany), Orders 130-4, dated 9 May 1980, that show the applicant was honorably discharged from the RA on 8 May 1980 and reenlisted in the RA for a period of 4 years on 9 May 1980. d....