BOARD DATE: 9 September 2009
DOCKET NUMBER: AR20090004796
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, correction of the standard name line on Purple Heart orders to show his correct name.
2. The applicant states that he does not have a middle initial.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of his United States Uniformed Services identification (ID) card 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 reenlisted in the Regular Army, on 29 August 1962, after previously serving for 8 years and 9 months.
3. Item 1 (last name, first name, middle name) of his DD Form 4 (Enlistment Record-Armed Forces of the United States) dated 29 August 1962 shows his name as W----s, J---s. Item 2 (Service Number) shows that his military service number was RA14----53.
4. Item 1 (last name, first name, middle name) of his DD Form 4 dated 1965 shows his name as W----s, J---s (NMN).
5. General Orders Number 202, 173rd Airborne Brigade (Separate), APO San Francisco, dated 13 February 1967, show that the standard name line for his award of the Purple Heart reads W------s, J---s L., RA 14----53.
6. The applicant submitted a copy of his ID card which he signed J---s W------s.
7. On 30 November 1983, the applicant was retired. Item 1 (Name) on his DD Form 214 reads W------s, J----s.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant's orders announcing the award of the Purple Heart contains an incorrect middle initial even though other records and documents on file indicate he has no middle name or initial. It is apparent that this entry was the result of an administrative error. Therefore, it would be appropriate to correct the applicant's Purple Heart orders to show his correct name.
BOARD VOTE:
___x____ ____x___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the Standard Name Line of General Orders Number 202, 173d Airborne Brigade (Separate), dated 13 February 1973, as pertains to the applicant, to delete the middle initial.
__________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) AR20090004796
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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