IN THE CASE OF:
BOARD DATE: 14 DECEMBER 2010
DOCKET NUMBER: AR20100016239
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the fourth letter of his first name as a "v" instead of a "b."
2. The applicant states his first name is misspelled on his DD Form 214.
3. The applicant provides:
* His birth certificate
* His DD Form 214
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests correction of the applicant's first name to show the fourth letter as a "v" instead of a "b."
2. Counsel states the issues raised by the applicant advance his contentions and substantially reflect the probative facts needed for an equitable review.
3. Counsel did not provide additional documentary evidence.
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. Prior to his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) on 8 September 1967 and indicated that his first name was "Nxxbxx." He authenticated this form by placing his signature in the appropriate place using this first name.
3. The applicants records show he was inducted into the AUS on 27 September 1967. Item 1 (Last Name, First Name, Middle Name) of his DD Form 47 (Record of Induction) listed his first name with the letter "b" as the fourth letter.
4. His DA Form 20 (Enlisted Qualification Record) that was created upon his entrance into the Army shows the same first name as that shown on his induction record. He reviewed this form at a later date and authenticated it by placing his signature in Item 47 (Signature of Individual) using this first name.
5. His records contain several official personnel documents including a record of emergency data, a record of servicemens group life insurance, an application for a military identification card, clothing records, assignment and reassignment orders, and various medical records that show his first name as "Nxxbxx." He authenticated several of these forms using this first name.
6. He was honorably released from active duty on 25 August 1969 and he was transferred to the U.S. Army Reserve Control Group. Item 1 (Name) of the
DD Form 214 shows his first name as "Nxxbxx." He also authenticated this form by placing his signature in item 32 (Signature of Person Being Transferred or Discharged) using this first name.
7. He provided a copy of a birth certificate, dated 24 September 1969, that shows the first name "Nxxvxx" (the letter "v" in the fourth character).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows upon his induction into the AUS, the applicant listed his first name as "Nxxbxx." This first name is consistent with the first name on several documents in his service record throughout his entire military service. He authenticated several documents by placing his full signature in the appropriate block, indicating his name was correct. He did not use the letter "v" in his first name at any time during his military service.
2. For historical purposes, 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 showing of material error or injustice, there is a reluctance to recommend that those records be changed.
3. Therefore, in the absence of convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time, and there is insufficient evidence to grant relief in this case.
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) AR20100016239
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100016239
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100019492
Therefore, in the absence of convincing independent and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant relief in this case. ___________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)...
ARMY | BCMR | CY2010 | 20100030472
His DD Form 47 (Record of Induction) shows: * Item 1 (Last Name, First Name, Middle Name) shows his name as "Sxxxx, Travis Eddie" * Item 5 (DOB) shows his DOB as 26 March 1946 4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entrance into the Army shows his full name as "Sxxxx, Travis E." He authenticated this form on the date of its creation by placing his signature in item 47 (Signature of Individual), using the name "Travis E. Therefore, in the absence of...
ARMY | BCMR | CY2011 | 20110024817
The applicant states the Army did not correct the spelling of his last name in the records while he was in the service despite his several requests. The DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also listed his last name as "De Wxxxe." The evidence of record shows the applicant used the last name "De Wxxxe" upon his induction into the AUS.
ARMY | BCMR | CY2013 | 20130010829
The documents contained within his DA Form 201 (Military Personnel Records Jacket) identify his first name as "Keith," with the noted exception of his USAR discharge orders and his Honorable Discharge Certificate. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It appears his first name is incorrectly listed on his Honorable Discharge...
ARMY | BCMR | CY2010 | 20100028880
On 1 October 1968, in conjunction with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he indicated his first name was "M******l." He authenticated this form by placing his signature in the appropriate place using the first name of "M******l." 3. The evidence of records shows that upon induction into the AUS on 2 October 1968, the applicant listed his first name as "M******l." This first name is consistent...
ARMY | BCMR | CY2011 | 20110004622
The applicant states he went into the service with the first name of "Txxxxx" but his birth certificate shows his first name as "Axxxxx." However, a copy of this Record of Proceedings will be filed in his Official Military Personnel File to explain the difference between the first name on his birth certificate and the name that is recorded in his military record. ABCMR Record of Proceedings (cont) AR20110004622 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR...
ARMY | BCMR | CY2011 | 20110010262
Prior to induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed "4" and "0" as the fourth and fifth digits of his SSN. His DD Form 47 (Record of Induction) listed his Service Number; it did not list his SSN. However, having listed the correct SSN at the time of induction, his DD Form 214 should be corrected to show that same SSN at the time of separation.
ARMY | BCMR | CY2014 | 20140003995
His DD Form 47 (Record of Induction) listed his first name as "Lawrence." There is no evidence he used the requested spelling of first name at any time during his military service. ABCMR Record of Proceedings (cont) AR20140003995 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140003995 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2012 | 20120004188
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. The evidence of records shows that upon the applicant's induction into the AUS, and despite the fact that his middle name was spelled as "Kelley" on his DD Form 47, he signed an Acknowledgment of Service Obligation with his middle name spelled as "Kelly." __________X_____________ CHAIRPERSON I certify that herein...
ARMY | BCMR | CY2013 | 20130001756