IN THE CASE OF:
BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100020738
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 records to show his name as Ixx Daxxxx Hxxxxx instead of Daxxxx Ixx Hxxxxx.
2. The applicant states this was a mistake.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a birth certificate with a raised seal.
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. His military records show he was inducted into the Army of the United States on 17 November 1966. He completed initial entry training, was awarded the military occupational specialty of medical corpsman, and was promoted to pay grade E-3.
3. His DD Form 47 (Record of Induction) and other documents throughout his official military records show his name as Daxxxx Ixx Hxxxxx. He signed his name as Daxxxx Ixx Hxxxxx on forms contained in his military records.
4. On 6 November 1968, he was honorably released from active duty. He completed a total of 1 year, 11 months, and 20 days of active military service. His DD Form 214 shows his name as Daxxxx Ixx Hxxxxx.
5. The birth certificate he provided shows his name as Ixx Daxxxx Hxxxxx.
6. Army Regulation 635-5 (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. The applicant's desire to have his records corrected is understood; however, he has established no basis for compromising the integrity of the Army's records. The information in those records must reflect the conditions and circumstances that existed at the time the records were created.
2. While the applicant provides a birth certificate which shows his name as Ixx Daxxxx Hxxxxx, he enlisted, served, and was honorably released from active duty under the name shown in his military records. There is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice. Therefore, the birth certificate he provided more than 40 years after he was released from active duty is not sufficiently mitigating to warrant changing his military records, to include his DD Form 214.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military records and to satisfy his desire to have his correct name documented.
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) AR20100020738
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100020738
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120001322
The applicant requests the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her late husband, a former service member (FSM), be corrected to show his last name as "Dxxxx" in lieu of Hxxxxx. The FSM's record contains: a. DD Form 4 (Enlistment Record - Armed Forces of the United States), Item 1 (Last Name - First Name - Middle Name) shows he enlisted under the name of "Wxxxxxx Txxxxx Hxxxxx." The evidence of record shows throughout his period of RA service,...
ARMY | BCMR | CY2011 | 20110022599
ARMY | BCMR | CY2015 | 20150000764
If the applicant seeks correction of her retired pay records to show her current name, she is advised that a retired service member can request a change to their official military records at any time. _________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...
ARMY | BCMR | CY2011 | 20110017703
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name as "Hxxxxx" instead of "Dxxxxxx." ABCMR Record of Proceedings (cont) AR20110017703 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110017703 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2015 | 20150001261
Army Regulation 635-5 (Separation Documents), in effect at the time, states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. _______ _ 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) AR20150001261 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of...
ARMY | BCMR | CY2012 | 20120007453
The applicant states: * his units medic was on rest and recuperation (R & R) leave when he was wounded * he is not sure if the medic who treated him was temporarily transferred to his unit it is possible he was from another unit * he cannot locate the medical card on which his injury was documented, but it may have been turned in to another unit since the medic who treated him may have come from another unit * his unit first sergeant (1SG) told him he would receive any awards he was due,...
ARMY | BCMR | CY2015 | 20150004158
The applicant states: a. He was recently serving in Iraq, but due to his wife's health situation had to be sent back on emergency leave. He had counseled both the applicant and his wife concerning the immediate situation.
ARMY | BCMR | CY2011 | 20110019728
The applicant requests reconsideration of his request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the requested social security number (SSN). The evidence of record shows the applicant primarily used SSN "XXX-XX-2124" as his SSN throughout his period of service; however, there are documents in his record that show the requested SSN "XXX-XX-7244." As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2011 | 20110018701
On 10 December 1903, the FSM was dropped from the rolls of invalid pensioners upon the basis that evidence was accepted as legally and conclusively showing that he enlisted on 28 August 1862, in Company K, 1st New York Marine Artillery, deserted, and without having been discharged, enlisted in Company D, 15th New York Engineers. On 11 July 1905, the Military Secretary, War Department stated the FSMs application for removal of the charge of desertion from his record and for an honorable...
ARMY | BCMR | CY2011 | 20110006343
The applicant requests, in effect: * adjustment of his mandatory removal date (MRD), from 31 August 2016 to 30 November 2019 * adjustment of his date of rank (DOR), from 17 December 2000 to 31 March 2004 2. The applicant states, in effect: a. he was reappointed and promoted in accordance with the provisions of the Wxxxxx lawsuit (Settlement Agreement, Lxxxx J. Wxxxxx vs. Fxxxxxx J. Hxxxxx, in his official capacity as Secretary of the Army, U.S. District Court for the Western District of...