IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20100028591
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that his first name is John instead of Johan.
2. The applicant states, in effect, that he had his name changed through naturalization while in the Army and when he was released from active duty (REFRAD) his DD Form 214 was prepared to reflect a first name of Johan instead of John. Accordingly, he desires the clerical error corrected so that it does not interfere with any benefits.
3. The applicant provides a copy of his DD Form 214 and a copy of a DD Form 1343 (Notification of Change in Service Members Official Records) issued on 21 May 1973.
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 was born in Weitz, Austria on 1 January 1950 and enlisted in the Regular Army in Minneapolis, Minnesota on 30 August 1968 for a period of 2 years. His first name at the time of his enlistment was Johann.
3. He completed his basic training at Fort Campbell, Kentucky and his advanced individual training as an armor reconnaissance specialist at Fort Knox, Kentucky before being transferred to Vietnam on 5 February 1969 for duty as a personnel records specialist.
4. On 24 October 1969 the applicant was granted United States citizenship through naturalization in Honolulu, Hawaii and was granted a change of his first name to John.
5. The applicant departed Vietnam on 4 February 1970. He was honorably REFRAD on 28 August 1970. His DD Form 214 issued at the time of his REFRAD reflects his first name as Johann.
6. A review of his official records shows documents containing the first name of Johann and John. His records also contain an original DD Form 1343 dated 21 May 1973 signed by The Adjutant General which directs that his official records be corrected to reflect a first name of John. His records also contain a copy of his Certificate of Naturalization.
7. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is in effect at the time the DD Form 214 is issued.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect his first name as John instead of Johan has been noted and found to have merit.
2. Approximately mid-way through his enlistment he was granted U.S. citizenship through naturalization and a change of his name was granted at that time. Documents contained in his records show that the first name of John was used in the preparation of those documents.
3. Accordingly, his DD Form 214 should be corrected to reflect that his first name in block 1 is John instead of Johan.
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in block 1 of his DD Form 214 that his first name is John instead of Johann.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20100028591
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100028591
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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