IN THE CASE OF:
BOARD DATE: 14 APRIL 2009
DOCKET NUMBER: AR20080015524
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 that his military records be corrected to show his first name as S______ instead of J_____.
2. The applicant states that he has a certified record of birth showing his correct name.
3. The applicant provides a certified record of birth showing his original record of birth was amended on 13 July 2007 to change his first name to S______.
CONSIDERATION OF EVIDENCE:
The applicant's military records show that he was inducted into the Army of the United States, on 17 May 1968, in the name of J_____. He completed and signed all pertinent military documents as J_____, reenlisted on 20 April 1971 in the name of J_____, completed and signed all documents pertaining to his reenlistment period in the name of J_____, and was honorably released from active duty on 15 July 1974 in the name of J_____.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his military records should be corrected to show his first name as S______ instead of J_____ lacks merit.
2. The Army has an interest in maintaining the integrity of its records for historical purposes. 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 showing of material error or injustice no basis has been established to support the change requested.
3. In the applicant's case the records reflect the correct name under which military service was performed. The applicant changed his name 33 years after his discharge. While the applicant's desire to have the records changed is understandable, the available evidence is not sufficient to grant the relief requested.
4. A copy of the decisional document, along with the applicants application and enclosures will be filed in the applicants official military personnel file. This should serve to clarify any questions or confusion regarding the different last names.
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) AR20080015524
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080015524
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150002778
Application for correction of military records (with supporting documents provided, if any). However, he signed his DD Form 214 spelling his middle name as Allen vice Alan as it appears on his birth certificate. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 1 his DD Form 214 with an effective date of 23 August 1973 by: * deleting his name J____ ALLEN MC____L * adding his name as it is shown on his...
ARMY | BCMR | CY2011 | 20110010667
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of the DD Form 214 (Report of Separation from Active Duty) to show to show a name of "J_____ W_____ P____" instead of "B_____ K______ D_____" and to show the gender as male instead of female. The applicant states the DD Form 214 should reflect the name change and sex change.
ARMY | BCMR | CY2013 | 20130004825
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. There is no documentary evidence showing a recruiter insisted that he use a name other than the name he claims is his birth and legal name. _______ _ 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...
ARMY | BCMR | CY2014 | 20140008294
Application for correction of military records (with supporting documents provided, if any). Item 5 (Last Name - First Name - Middle Name) of the applicant's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the applicant's name as "M_____, W______ J_." _______ _ _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.
ARMY | BCMR | CY2010 | 20100015365
Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available for the Board to review. The evidence of record shows the applicant served under the last name D_____.
ARMY | BCMR | CY2014 | 20140015173
The applicant requests correction of the last name and date of birth (DOB) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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. His DD Form 4 (Enlistment Contract - Armed Forces of the United...
ARMY | BCMR | CY2012 | 20120022784
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. The applicant's last name is recorded as "Medz___" on his DD Form 214. In the absence of evidence showing otherwise, it must be presumed that the last name shown on his DD Form 214 is the last name he used throughout his active duty service.
ARMY | BCMR | CY2009 | 20090013810
His DD Form 214 shows his SSN as ***-**-0408. The documents the applicant submitted showing that he is currently using SSN ***-**-4663 are dated many years after the applicant's period of service and none of these documents identify him using the full name J_____ W______ V_______, Jr. as shown on his DD Form 47 and DD Form 214. _______ _ _X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2008 | 20080003374
IN THE CASE OF: BOARD DATE: 3 June 2008 DOCKET NUMBER: AR20080003374 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicants military records are not available to the Board. xxxxxx_________________ 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.
ARMY | BCMR | CY2005 | 20050018083C070206
Counsel states, in effect, that the applicant was an active duty CPT in the USAR when he submitted an application for the AGR Program in March 1997, along with necessary waivers with his application. There is no evidence of record that shows the applicant was ordered to active duty in the AGR Program or that he completed and signed a statement that he would serve in a captain position for at least 3 years. The evidence of record also shows that the representative of the FTSMD, Accessions...