IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110006323
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 correct middle name is Bernerd.
2. The applicant states that his DD Form 214 incorrectly reflects his middle name as Bernard instead of Bernerd.
3. The applicant provides a copy of his birth 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 was inducted in Chicago, Illinois on 12 December 1968 under the middle name of Bernerd. He was transferred to Fort Leonard Wood, Missouri to undergo his basic training and it appears that his records were prepared to reflect a middle name of Bernard. He completed his basic training at and was transferred to Fort Eustis, Virginia where he under went advanced individual training as a OV-1 (Mohawk) repairman before being transferred to Vietnam on 9 September 1969.
3. He departed Vietnam on 8 September 1970 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee. His DD Form 214 issued at the time of his REFRAD shows his middle name as Bernard.
4. 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 exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his middle name is incorrectly reflected on his DD Form 214 has been noted and appears to have merit. The applicant was inducted with the middle name of Bernerd.
2. While the applicants records show that he served under both the middle names of Bernerd and Bernard, the official documents related to his name indicate a middle name of Bernerd.
3. Therefore, in accordance with the applicable regulations, his DD Form 214 should be corrected to reflect the middle name of Bernerd.
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 on his DD Form 214 that his correct middle name is Bernerd instead of Bernard as currently reflected on that form.
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) AR20110006323
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110006323
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110017686
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his middle name as "Emanuel" instead of "Manuel." His DD Form 47 (Record of Induction) shows his middle name as "Manuel." On 16 July 1968, having been transferred to the U.S. Army Reception Station (USARECSTA) at Fort Jackson, SC, the personnel officer authenticated a DA Form 1049 (Personnel Action) that noted a discrepancy in the applicant's induction record in...
ARMY | BCMR | CY2011 | 20110006386
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first and middle name as Terry Anthony. 2. It further states the DD Form 214 will be prepared to reflect information that exists in the official records at the time of separation. The applicant served his entire period of enlistment under the correct first and middle name of Terry Anthony and the documents in his records correctly reflect the correct name.
ARMY | BCMR | CY2012 | 20120003097
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the first and middle name reflected on his birth certificate. __________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) AR20120003097 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2012 | 20120024627
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his correct Social Security Number (SSN), Date of Birth (DOB) and the date of his release from active duty (REFRAD). At the time of his induction, his SSN was recorded in his records as having the last four digits of 7820 and his DOB was recorded as 19 August. His records show the last four of his SSN as 7820 and were incorrectly reflected as 7280,...
ARMY | BCMR | CY2012 | 20120006570
The evidence of record shows the applicant was inducted and served his entire period of active service using the middle name of "Dene." __________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) AR20120006570 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2011 | 20110018273
Application for correction of military records (with supporting documents provided, if any). The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) incorrectly reflects that the third digit of his SSN is a "3" instead of a "4." At the time of his induction he was issued an Army Service Number and he provided his SSN, which contained a "4" as the third digit.
ARMY | BCMR | CY2011 | 20110006098
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the second digit of his social security number (SSN) as "5" instead of "6." The applicant states his DD Form 214 incorrectly reflects the second digit of his SSN as "6" instead of "5." A review of his records shows that only two documents are contained in his official records (other than the DD Form 214) that contain the applicant's SSN, the DA Form 3027...
ARMY | BCMR | CY2010 | 20100017828
ARMY | BCMR | CY2015 | 20150001126
He had served 3 years, 9 months and 4 days of active service and his DD Form 214 issued at the time of his REFRAD shows his year of birth as 1971. 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 his year of birth on his DD Form 214 as 1951 instead of 1971. 2.
ARMY | BCMR | CY2011 | 20110013204
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the second digit of his Social Security Number (SSN) as a 7 instead of an 8, as currently reflected. The applicant states his DD Form 214 incorrectly reflects that his SSN contains an 8 as the second digit and should reflect a 7. 3. The applicant served all of his military service using an SSN containing a 7 as the second digit and it appears...