BOARD DATE:
DOCKET NUMBER: AR20090015443
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 records be corrected to show his last name as Gxxxxx instead of Jxxxxxx.
2. The applicant states his birth certificate shows his name as Gxxxxx. Therefore, his records should be corrected to show this last name.
3. The applicant provides a copy of a birth certificate for Jxxxx Exxxxx Gxxxxx.
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 enlisted under the last name of Jxxxxxx on 21 March 1980.
The applicant's official military record makes no reference to an individual with the last name of Gxxxxx.
3. The applicant was honorably discharged on 21 June 1982 under the provisions of Army Regulation 635-200, paragraph 5-31h(2). His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was separated with the last name of Jxxxxxx.
DISCUSSION AND CONCLUSIONS:
1. The applicant states his birth certificate shows his last name as Gxxxxx; therefore, his records should be corrected to show this name instead of Jxxxxxx.
2. The applicant was enlisted in and served under the last name of Jxxxxxx. There is no evidence that he ever used the last name of Gxxxxx, or that he requested correction of his records to show a name other than the name that is shown on his DD Form 214 and throughout his records.
3. The Army has an interest in maintaining the accuracy of its records. The data and 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 material error or injustice those records should not be changed. While it is understandable that the applicant desires to have the name recorded on his birth certificate included in his military records there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. 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 this requirement.
5. The applicant is advised that this Report of Proceedings along with his application and supporting documents will be filed in his military records to provide clarity and to deal with any confusion that may arise regarding the difference in his last name. This will also guarantee the historical accuracy of the applicant's record regarding the last name under which he served.
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) AR20090015443
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090015443
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015049
The applicant requests, in effect, 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 list his full name as Hxxxx Cxxxxxxx Gxxxxx II vice Hxxxx Cxxxxxxx Gxxxxx Jr. 2. The evidence of record shows the applicant used the suffix "Jr" with his name during his periods of service in the AUS and USAR. Therefore, his military records and DD Form 214 are correct as currently constituted.
ARMY | BCMR | CY2014 | 20140013015
Application for correction of military records (with supporting documents provided, if any). All documents contained in his Official Military Personnel File (OMPF) list the same last name he now claims is incorrect. ___________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 | CY2012 | 20120001769
ARMY | BCMR | CY2011 | 20110022597
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as "1X JXXXXXX 1938" instead of "0X FXXXXXXX 1937." The applicants military records are not available to the Board for review. In the absence of his military records or at least his enlistment document it is presumed that the DOB shown on his DD Form 214 is correct.
ARMY | BCMR | CY2012 | 20120022498
Application for correction of military records (with supporting documents provided, if any). 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 evidence of record shows that upon the applicant's enlistment in the Regular Army his DOB was listed as "15 Jxxxxxx 19XX" and his place of...
ARMY | BCMR | CY2011 | 20110000669
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his name was changed from Kxxxxx A. Mxxxxxxx to "Wxxx M. The applicant provides a DD Form 214 that is not contained in the available record. ABCMR Record of Proceedings (cont) AR20110000669 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110000669 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2014 | 20140008974
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct name and date of birth (DOB). Subsequent documents prepared both upon his entry on active duty and near the time of his REFRAD, as evidenced on his DA Form 20 and on a Standard Form 89, also list the name and DOB that he claims is correct.
ARMY | BCMR | CY2010 | 20100026261
The applicant provides copies of a birth certificate, Social Security Card 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 Records in this case. ABCMR Record of Proceedings (cont) AR20100026261 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100026261 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2013 | 20130005336
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of all of his military records to show: * the spelling of his first name as Jxxxx vice Gxxxxx * his date of birth (DOB) as 12 August 19XX vice 10 August 19XX 2. _______ _ _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 | CY2011 | 20110009199
Application for correction of military records (with supporting documents provided, if any). Item 5 (DOB) on his DD Form 214 shows his DOB as 30 Jxxxxxx xxxx. The DOB he listed at that time is consistent with the DOB shown on several documents throughout his military record.