IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20100029022
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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as "Jack."
2. The applicant states his first name is "Jack," not "Jackie" as shown on his DD Form 214 with a separation date of 8 September 1966.
3. The applicant provides a copy of his certified birth record as evidence to support his application.
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 enlisted in the U.S. Army Reserve on 24 August 1965. The DD Form 4 (Enlistment Record Armed Forces of the United States) shows his name typewritten in item 1 (Last Name First Name Middle Name) as "M____, JACK L___)." The applicant authenticated this form in his own handwriting as "JACK L____ M____."
3. There is no record or copy of the source document used for verification of his name filed in the applicant's personnel record.
4. On 25 July 1966, Letter Orders Number 6-728 ordered the applicant to active duty for training for a period of 6 months for the purpose of attending basic and advanced individual training. These orders show the applicant's standard name line as "M____, JACK L."
5. On 8 September 1966, he was released from active duty prior to completing his required active service. He was issued a DD Form 214 that shows the entry "M____, JACKIE L____" in item 1 (Last Name First Name Middle Name).
6. The applicant provided his record of birth that shows his name as "JACK L____ M____."
7. 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:
The applicant's enlisted record shows he enlisted in the U.S. Army Reserve with his first name shown as "JACK." For unknown reasons, his discharge document issued on 8 September 1966 shows his first name as "JACKIE." An obvious error occurred in the preparation of his DD Form 214. Therefore, it would be appropriate to correct his first name on his DD Form 214 to show "JACK," not "JACKIE."
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 correcting item 1 of his DD Form 214 with a separation date of 8 September 1966 to show his first name as "JACK."
___________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) AR20100029022
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100029022
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120012118
ARMY | BCMR | CY2014 | 20140016336
The applicant provides: * State of Arizona Delayed Certificate of Birth * WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) * general power of attorney CONSIDERATION OF EVIDENCE: 1. The applicant provided a copy of the FSM's State of Arizona Delayed Certificate of Birth originally filed on 9 May 1945 showing the FSM's full name at birth as M____ B_j___. In September 1942, the FSM had his records corrected to show his name as M____ L____ B_g___.
ARMY | BCMR | CY2013 | 20130014947
The applicant provides copies of his: * birth certificate * U.S. Passport * DD Form 214 CONSIDERATION OF EVIDENCE: 1. The applicant contends that the first name recorded in his military service records should be corrected because it does not correspond with the first name on his birth certificate. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the documents provided by the applicant offer...
ARMY | BCMR | CY2012 | 20120020690
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 October 1985 as follows: * item 1 (Name) to show his name as "L____ M____ L____, Jr." * item 18 (Remarks) to delete the statement "AMOUNT OF DISABILITY/READJUSTMENT PAY: $13,452.60" * item 28 (Narrative Reason for Separation) to show "PHYSICAL DISABILITY" vice "PHYSICAL DISABILITY WITH SEVERANCE PAY" 2. His DA Form 3340 (Request for RA Reenlistment or...
ARMY | BCMR | CY2014 | 20140017169
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to correct the order of his first and middle names. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows his name as C_____, H_____ L____. _______ _ 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.
ARMY | BCMR | CY2013 | 20130020909
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his first and middle names as L____ W____ vice W____ L____. 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. His DD Form 214 shows his first and middle names as W____ L____.
ARMY | BCMR | CY2014 | 20140014454
The applicant requests correction of his records to show award of the Purple Heart. A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded the Purple Heart. The applicant's military service records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy.
ARMY | BCMR | CY2008 | 20080016768
ARMY | BCMR | CY2014 | 20140015842
The applicant states his birth name is "Aloysius D____ M____." The evidence of record shows that upon processing for entry into military service the applicant reported that his preferred first name was "Lossie" and that first name was recorded in his military service records when he enlisted in the USAR and RA. The documents provided by the applicant offer insufficient evidence to warrant a change to the first name in his official military service records.
ARMY | BCMR | CY2010 | 20100018390