IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110006205
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 the name and date of birth (DOB) that are recorded in his military records.
2. The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is incorrect:
* his middle name is shown as "B----d; however, it should be "B----t"
* his DOB is "8 J------ 19--;" however, it is shown as "8 J--- 19--"
3. The applicant provides copies of his birth certificate, a certificate of eligibility, U.S. Passport, and DD Form 214 in support of 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. A DD Form 4 (Enlistment Record - Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 10 March 1965. It shows in:
a. item 1 (Last Name - First Name - Middle Name): "D----, J---- B----d Jr";
b. item 15 (DOB): "8 J-- --"; and
c. item 41 (Oath of Enlistment): "I, 'J---- B----t D---- Jr,' do hereby acknowledge to have voluntarily enlisted, under the conditions prescribed by law, this 10th day of March 1965, in the United States Army for a period of 3 years
" It also shows the applicant placed his signature on the document as "J---- B----t D---- Jr."
3. FAR Form 41 (Acknowledgement of Service Obligation Under UMT&S Act as Amended by Reserve Forces Act of 1955), dated 10 March 1965, shows
"I, 'J---- B----t D---- Jr,' a citizen of the United States for the purpose of amplifying the statements made in the enlistment record this date, do hereby acknowledge that I have voluntarily enlisted this 10th day of March 1965, for a period of 3 years in the Regular Army of the United States of America." It also shows the applicant placed his signature on the document: "J---- B----t D---- Jr."
4. A DA Form 2431 (Personnel Suspense Card) shows in item 19 (DOB):
"8 J-- --."
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 1 (Name and Service Number): "D----, J---- B Jr"; and
b. item 6 (DOB): "8 J-- --" [this entry appears to have been corrected to show this date].
6. The applicant's DD Form 214 shows he entered active duty on 10 March 1965 and he was honorably released from active duty on 4 March 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation. He completed 2 years, 11 months, and 25 days of net active service this period. It shows in:
a. item 1 (Last Name - First Name - Middle Name): "D---- J---- B----d Jr"; and
b. item 9 (DOB): "8 J-- --."
7. In support of his application, the applicant provides a:
a. State of Arkansas, Certificate of Live Birth, that shows "J---- B----t D----, Jr." was born on "J------ 8, 19--."
b. Veterans Administration, Certificate of Eligibility for Loan Guaranty Benefits, dated 12 July 1976, that shows "D----, J---- B----t, Jr." with a DOB of "1/8/--" (i.e., 8 J------ 19--) is eligible for benefits.
c. U.S. Passport, dated 16 June 2005, issued to "J---- B----t D---- Jr" with a DOB of "08 J--19--."
8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214.
a. It states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date.
b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. It shows in:
* item 1: "enter last name, first name, and full middle name or names, if any"
* item 9: "self-explanatory."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the middle name and DOB that are recorded on his DD Form 214 should be corrected.
2. Records show that upon entry in the U.S. Armed Forces the applicant's middle name was entered in item 1 of his DD Form 4 as "B----d." However, the middle name on the Oath of Office on the DD Form 4 and Acknowledgement of Service Obligation, along with the applicant's signatures on the two documents, clearly show he confirmed that his middle name is "B----t."
3. Records shows that upon entry in the U.S. Armed Forces the applicant's DOB was entered in item 15 of his DD Form 4 as "8 J--- 19--." However, the DOB in item 6 of his DA Form 20 and on a Personnel Suspense Card show his DOB was recorded as "8 J------ 19--."
4. Official government documents that the applicant provides (i.e., his birth certificate, VA Certificate of Eligibility, and U.S. Passport) all show his middle name is "B----t" and his DOB is "8 J------ 19--."
5. The available evidence is sufficient to show the applicant's middle name and DOB are incorrectly recorded on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show his middle name and DOB as it is listed on his U.S. Passport.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
* deleting the entries in item 1 and item 9 of his DD Form 214
* adding to item 1 of his DD Form 214 the name as it is listed on his U.S. Passport
* adding the DOB to item 9 of his DD Form 214 as it is listed on his U.S. Passport
_______ _ __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) AR20110006205
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ABCMR Record of Proceedings (cont) AR20110006205
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