IN THE CASE OF:
BOARD DATE: 7 April 2009
DOCKET NUMBER: AR20080019055
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 (Report of Separation from the Armed Forces of the United States) to show his first name as Murl, not Muriel.
2. The applicant states that he thinks the recruiter made a mistake. He noticed this mistake at the time he went into the service, but his commander said that he could not change it.
3. The applicant provides, in support of his application, a copy of his DD Form 214.
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's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. The applicant's DD Form 214 shows:
a. that on 27 June 1949, he enlisted in the Regular Army for 3 years;
b. that his first name is Muriel;
c. that on 3 September 1952, he was honorably discharged after completing 3 years, 2 months and 5 days of creditable active duty service; and
d. that his signature on the form is illegible.
4. A Medical Department Form 52b, dated in 1951 shows the applicant's first name as Muriel.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his military records to show his first name as Murl.
2. The applicant has not provided any documentary evidence, such as a birth certificate, showing that his first name is anything other than Muriel. Furthermore, he has not shown that the Army's records are indeed wrong.
3. There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created. While it is understandable the applicant desires to now record his correct name in his available records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document along with his application and the supporting documents he provided will be filed in his reconstructed records. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his available military records and to satisfy his desire to have his correct name documented in his military records.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
6. In view of the above, the applicants request should be denied.
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) AR20080019055
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080019055
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140020021
The applicant requests correction of item 1 (Last Name - First Name - Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the spelling of his last name as M_is___ instead of M_si___. The applicant provides: * Certificate of Birth * Marriage License * DD Form 214 * Certificate for completion of Motor Mechanics School * Certificate of Proficiency for the Artillery Track Vehicle Maintenance Course * Letter, subject: Discharge from the...
ARMY | BCMR | CY2011 | 20110016189
Counsel provides: * A self-authored letter, dated 29 July 2011 * Two self-authored statements by the applicant * A Social Security Administration (SSA) print out, dated 26 July 2011 * The applicant's DD Forms 214 for the period ending 22 November 1967 and 8 July 1971 CONSIDERATION OF EVIDENCE: 1. The applicant's military records are not available for review. _______ _ X_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2014 | 20140011213
The case is being considered using the DD Form 214 provided with the application and reconstructed records provided by NPRC which consist of general court-martial orders. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. Based on the available evidence, his service does not appear to merit an honorable discharge.
ARMY | BCMR | CY2011 | 20110004632
Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available for review. Army Regulation 615-368, in effect at the time, set forth the basic authority for the separation of enlisted personnel by reason of unfitness.
ARMY | BCMR | CY2014 | 20140005503
He returned to the Continental United States in March 1954. d. In September 1954, he was convicted by an SPCM for being AWOL from 12 June to 4 September 1954. e. In February 1955, he was convicted by an SPCM for being AWOL from 24 January to 16 February 1955. f. In March 1955, while in confinement, the FSMs commanding officer requested the FSM be required to appear before a board of officers convened under the provisions of Army Regulation 615-368 (Undesirable Habits or Traits of Character...
ARMY | BCMR | CY2009 | 20090001378
The applicant states, in effect, that his WD AGO Form 53-55 does not reflect his award of the Bronze Star Medal and his rank as SGT. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080007447, dated 21 August 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2014 | 20140003791
The applicant provides his DD Form 214. The applicant's complete military records are not available to the Board for review. _______ _ __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 | CY2013 | 20130013413
The applicant requests an upgrade of his general discharge to an honorable discharge. The applicant's complete military records are not available to the Board for review. Army Regulation 635-200, in effect at the time, stated an honorable discharge was a separation with honor.
ARMY | BCMR | CY2013 | 20130011231
The applicant requests correction of his DA Form 20 (Enlisted Qualification Record) to show his principal duty as "Mortarman." Item 38 (Record of Assignments) of his DA Form 20 shows his duty MOS as 11C1O and his principal duty as "Motorman" while assigned to Headquarters and Headquarters Company (HHC), 4th Battalion, 503d Infantry Regiment, from 18 April 1967 to 10 October 1967. The Record of Proceedings, dated 5 January 2012, shows his MOS as 11C and his principal duty as "Mortarman"...
ARMY | BCMR | CY2008 | 20080009735