IN THE CASE OF:
BOARD DATE: 24 August 2010
DOCKET NUMBER: AR20100008155
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the spelling of her middle name as "Jo" instead of "Jangul."
2. The applicant states her middle name is misspelled.
3. The applicant provides her DD Form 214, a certified copy of her birth certificate, a photocopy of her military identification card, and a William Beaumont Army Medical Center identification badge.
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 records show she was appointed as a Reserve commissioned officer on 16 April 1989 in the Army Nurse Corps in the rank of captain.
3. Her DA Form 71 (Oath of Office), certified copy of her birth certificate, photocopy of her military identification card, and photocopy of an Army Medical Center identification badge show her middle name spelled "Jo." Additionally, throughout her records her signature consistently appears with her middle name shown as "Jo."
4. She was honorably released from active duty on 9 September 1992 after completing 3 years of active military service. Her DD Form 214 shows her middle name as "Jangul."
5. Army Regulation 635-5 (Personnel Separations - 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. It states 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. Her DA Form 71, certified copy of her birth certificate, photocopy of her military identification card, and an Army Medical Center identification badge show her middle name as "Jo," as does her signature on documents in her military records.
2. It is evident that her middle name is spelled "Jo" in her military records and that item 1 (Name) of her DD Form 214 was administratively mistyped with her middle name as "Jangul." Therefore, it would be appropriate to correct item 1 of her DD Form 214 to show her correct middle name as "Jo," as corroborated by official documents contained in her military records.
BOARD VOTE:
________ ________ ________ 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 the DD Form 214 of the individual concerned be corrected by deleting the middle name entry of "Jangul" from item 1 and replacing it with the entry "Jo."
_________________________
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) AR20100008155
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100008155
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