Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100008155
Original file (20100008155.txt) Auto-classification: Approved

		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 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.  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 applicant’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100008155



Similar Decisions

  • ARMY | BCMR | CY2010 | 20100028093

    Original file (20100028093.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2007 | 20070006054

    Original file (20070006054.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 September 2007 DOCKET NUMBER: AR20070006054 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date 30 April 1999 be corrected to show the proper spelling of his wife's first name as "Jeanette"...

  • ARMY | BCMR | CY2011 | 20110021533

    Original file (20110021533.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * spelling of his middle name as "Matthew" * the last four digits of his social security number (SSN) as "0795" * his date of birth as 29 Nxxxxxxx xxxx 2. The applicant's military record shows he served in the Army 3 years with the spelling of his middle name and the last four digits of the SSN that are listed on his DD Form 214. There is no evidence that shows he...

  • ARMY | BCMR | CY2014 | 20140012017

    Original file (20140012017.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct spelling of his first name as "Terence" vice "Terrance." DISCUSSION AND CONCLUSIONS: Although the majority of documents contained in the applicant's record show the spelling of his first name as "Terrance," his record also contains a DA Form 873 that indicates his first name was also spelled as "Terence" during his military service. As a result, the Board...

  • ARMY | BCMR | CY2015 | 20150002902

    Original file (20150002902 .txt) Auto-classification: Approved

    The applicant requests correction of his middle name and his social security number (SSN) on his DD Form 214 (Report of Separation from Active Duty). The applicant's records show that he completed his application for enlistment with the SSN -344-xx-xxxx and his middle name as "Tonery." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his middle name as "Tyrone" and to show the SSN shown on...

  • ARMY | BCMR | CY2011 | 20110023865

    Original file (20110023865.txt) Auto-classification: Approved

    He also requests correction of his DD Form 214 to show award of the Vietnam Service Medal (VSM), Republic of Vietnam (RVN) Campaign Medal with Device (1960), and any additional awards he is authorized. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows: a. Correcting item 1 by listing his middle name as it is listed on his DD Form 47. b. Adding the following awards to item 24: * VSM with...

  • ARMY | BCMR | CY2014 | 20140005416

    Original file (20140005416.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2012 | 20120002878

    Original file (20120002878.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: * middle name as Everett instead of Elwood * social security number (SSN) as XXX-XX-0786 instead of XXX-XX-0854 * date of birth as 27 December 1962 instead of 27 December 1961 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. ABCMR...

  • ARMY | BCMR | CY2012 | 20120010133

    Original file (20120010133.txt) Auto-classification: Approved

    The applicant provides: * Certificate of Birth * Marriage License * Certificate of Death * Honorable Discharge documentation COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. The evidence of record shows the FSM listed the spelling of his first name as "xxRxxx" upon his induction. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the first name "xxNxxx" from item 1 of his DD Form 214 and replacing it with the FSM's...

  • ARMY | BCMR | CY2013 | 20130003235

    Original file (20130003235.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 10 October 2013 DOCKET NUMBER: AR20130003235 THE BOARD CONSIDERED THE FOLLOWING 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 first and middle name as shown on her birth certificate. Although the applicant indicated on her enlistment contract that she preferred to use the enlistment name of "S--cey" on her official military records, her service record contains...