BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110003057
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 records be corrected to show his middle initial and last name is V. Marshall.
2. The applicant states that his records incorrectly show his middle initials and last name is V.L. Marshewl. He further states he does not know when the name change took place but his name was misspelled and that became his name when he was in the military.
3. The applicant provides copies of his Certification of Service, birth certificate, and Honorable Discharge Certificate.
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's military records are not available for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. A Transcript of Military Service and Honorable Discharge Certificate, prepared on 25 September 1950, contained in the reconstructed record shows the applicant was inducted into the Army of the United States on 30 June 1945 and he served until he was honorably discharged on 3 January 1946. These documents show he served under the middle initials and last name of V.L. Marshewl during his entire period of service.
4. The applicants birth certificate reflects his middle initial and last name is V. Marshall.
5. 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 current in the official records as of the effective date of separation. Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was inducted and served his entire period of service under the middle initials and last name of V.L. Marshewl and his records properly reflect such.
2. For historical purposes, the Army has an interest in maintaining the integrity 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. While it is understandable the applicant desires to now record the name on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his last name contained on his birth certificate will be filed placed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his legal name documented in his reconstructed record. Accordingly, there is no basis for granting the applicants requested relief.
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) AR20110003057
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110003057
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140005526
Application for correction of military records (with supporting documents provided, if any). 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. The applicant's complete service personnel records are not available for review; however, his DD Form 214 shows he served on active duty from 4...
ARMY | BCMR | CY2008 | 20080008574
Application for correction of military records (with supporting documents provided, if any). He indicates that he went to court to have his name correctly listed on his birth certificate and states that all of his civilian records now show his correct name; however his proof of this action was lost. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2011 | 20110011810
The applicant's complete military records are not available to the Board for review. The applicant contends his DD Form 214 should be corrected to show his middle name as "Ernest" instead of "Fred." A copy of this decisional document along with the application will be filed in his military service records.
ARMY | BCMR | CY2013 | 20130002599
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his first name and middle initial as "William C" instead of "Claude W" and his day of birth as "12 September" instead of "17 September." ____________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2006 | 20060006415C070205
Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This Board action will be filed in the applicant’s military records so a record of his birth name will be on hand. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2005 | 20050003447C070206
This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. Although the birth certificate provided by the applicant shows the last name M---- with JR suffix and no middle name, it appears the applicant was enlisted and discharged under the last name T---- with no suffix and middle initial “L.” While the Board understands...
ARMY | BCMR | CY2011 | 20110008299
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his new legally changed name and to correct his race to reflect he is a Moorish-American. 2. 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. However, at...
ARMY | BCMR | CY2013 | 20130010426
The applicant requests correction of his record to show the spelling of his last name as P____l instead of P____e. Although the applicant requests to correct his military record to show his last name as depicted on his civilian documents, all of the available documents in his military service record show he served in the Army using the name P____e as listed on his WD AGE Form 53-55. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human...
ARMY | BCMR | CY2005 | 20050003824C070206
This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. This Board action will be filed in the applicant's military records so a record of the correct spelling of his last name will be on hand. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse...
ARMY | BCMR | CY2011 | 20110017397
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records by changing his middle name from John to Patrick. This regulation has historically stated that item 1 of the DD Form 214 will contain the name taken from the Soldier's personnel record.