IN THE CASE OF:
BOARD DATE: 23 April 2009
DOCKET NUMBER: AR20080019633
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 be corrected in item
1 (Name) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 February 1989. He also requests that item
12b (Separation Date This Period) on this DD Form 214 be corrected to show
27 April 1990.
2. The applicant states, in effect, that his first name is Benjamin not Benjamine and that he was discharged on 27 April 1990 not on 10 February 1989.
3. The applicant provides a copy of his passport, a Social Security card, a copy of his DD Form 214, and discharge orders from the U.S. Army Reserve (USAR) in support of his application.
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 enlistment contract shows his first name in Benjamin. He enlisted in the USAR on 27 June 1988 for a period of 8 years. He was ordered to active duty on 2 August 1988 for training. On 10 February 1989, he was released from active duty and transferred to the USAR to complete his remaining service obligation.
3. Item 1 on the applicant's DD Form 214 for the period ending 10 February 1989 shows the first name Benjamine. Item 12b on this DD Form 214 shows the entry "89 02 10" [10 February 1989]. Item 21 (Signature of Member Being Separated) shows a legible signature and Benjamin is the first name.
4. On 27 April 1990, the applicant was honorably discharged from the USAR.
5. The majority of the applicants service personnel records show the first name Benjamin.
6. In support of his claim, the applicant provided a passport and Social Security card which shows the first name Benjamin.
7. Army Regulation 635-5 (Separation Documents) 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.
DISCUSSION AND CONCLUSIONS:
1. Although item 1 on the applicants DD Form 214 for the period ending
10 February 1989 shows the first name Benjamine, item 21 (Signature of Member Being Separated) on this DD Form 214 shows a legible signature and Benjamin is the first name. Since the majority of his service personnel records show the first name Benjamin, it would be appropriate to correct item 1 on his DD Form 214 to show the first name Benjamin.
2. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. Evidence of record shows the applicant was ordered to active duty on 2 August 1988 for training and he was released from active duty on 10 February 1989 which is properly reflected on his DD Form 214 for the period ending 10 February 1989. Since the applicant was discharged from the USAR on 27 April 1990, approximately 14 months after his release from active duty, there is no basis for amending item 12b on his DD Form 214 for the period ending 10 February 1989.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ __X_____ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry "BENJAMINE" in item 1 on his DD Form 214 for the period ending 10 February 1989; and
b. adding the entry "BENJAMIN" in item 1 on this DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 12b on his DD Form 214 for the period ending 10 February 1989.
_______ _ 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) AR20080019633
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ABCMR Record of Proceedings (cont) AR20080019633
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