IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110006477
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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending
25 September 1953 to show his first name as "Hercules" instead of "Herkelea."
2. He states, in effect, that his first name is spelled incorrectly on his DD Form and that his first name should be spelled as Hercules.
3. He provides no documentation in support of this 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 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 member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, this case is being considered using reconstructed records which primarily consist of his DD Form 214 for the period ending 25 September 1953.
3. His DD Form 214 shows:
* on 26 September 1951, he enlisted in the Regular Army
* his first name is shown as "Herkelea"
* on 25 September 1953, he was honorably released from active duty after completing 2 years of creditable active duty service
* the first name of his signature is illegible
4. Army Regulation 635-5 (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 and 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:
1. The applicant requests correction of his DD Form 214 to show his first name as Hercules. He provides no evidence to show his first name on his DD Form
214 should be corrected and he has not shown the Army's records are indeed wrong.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in the available records should reflect the conditions and circumstances that existed at the time the records were created. While it is understandable he desires to now record his current name in his available records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. He is advised that a copy of this decisional document will be filed in his reconstructed records. This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his available military records and to satisfy his desire to have his current name documented in his military records.
4. In view of the above, the applicant's request should be denied.
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) AR20110006477
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110006477
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130016271
Application for correction of military records (with supporting documents provided, if any). The applicant signed his first name as "Allan" at the time he was issued his DD Form 214 and DD Form 4. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the spelling of his first name as it is shown on his DD Form 4.
ARMY | BCMR | CY2013 | 20130011619
BOARD DATE: 15 April 2014 DOCKET NUMBER: AR20130011619 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant, the spouse of a deceased former server member (FSM), requests correction of item 1 (Last Name First Name Middle Name) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the spelling of his first name as "Darwin."
ARMY | BCMR | CY2011 | 20110001318
The applicant contends his military records should be corrected to show the correct spelling of his first name as Benjamin. The various documents contained in his available record also shows he signed these documents using the spelling of his first name that he now claims is incorrect. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms the correct spelling of his first name, will be filed in...
ARMY | BCMR | CY2011 | 20110014321
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his first name as "Alvin" instead of "Albin." Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Although there are limited records, sufficient evidence shows his first name as "Alvin."
ARMY | BCMR | CY2013 | 20130012719
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his last name as "LXXXXXG." 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.
ARMY | BCMR | CY2014 | 20140002190
The FSM's complete military records are not available to the Board for review. However, his reconstructed record contains a Certification of Military Service and the applicant provides the FSM's DD Form 214 which are sufficient for the Board to conduct a fair and impartial review of this case. Therefore, it would be appropriate to correct his DD Form 214 to show his first name as Ivxx.
ARMY | BCMR | CY2013 | 20130021710
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show the correct spelling of his last name and that he served at Fort Knox, Kentucky. All other documentation provided by him and contained in his limited file requiring the use of his last name shows "Robertson" as the correct spelling.
ARMY | BCMR | CY2011 | 20110022546
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...
ARMY | BCMR | CY2008 | 20080016984
The evidence of record shows that upon induction in the AUS on 24 March 1953, the applicants name was recorded as Walter D. S-tt--lee. The evidence of record also shows that upon his REFRAD on 23 March1955, the applicants name was recorded as Walter D. S-t--lee. The evidence of record further shows that on the Certification of Military Service issued on 10 August 1984, the applicants name was recorded as Walter D. S-t--. It is evident that these three documents show three variations...
ARMY | BCMR | CY2014 | 20140006851
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and DD Form 256A (Honorable Discharge) to show his middle name as "Willis." The applicant's complete military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 and issuing him a new DD Form 256A to show the spelling of his middle...