IN THE CASE OF:
BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110006548
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 the name suffix of III be added to his records in place of the name suffix of JR that is currently reflected in his records.
2. The applicant states, in effect, that his birth certificate shows his name suffix with is a III; however, his records reflect a suffix of JR and he desires it to be changed at this time.
3. The applicant provides a copy of his birth certificate and his DD Form 214 (Report of Separation from Active Duty).
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 enlisted in the Regular Army in Memphis, Tennessee on 12 August 1968 for a period of 2 years using the name suffix of JR and a date of birth (DOB) of 27 Sxxxxxxx xxxx.
3. He completed his training as a light weapons infantryman, served a tour in Vietnam and reenlisted twice. He served all of his time with the name suffix of JR and on 26 July 1974 he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He had served 5 years,
11 months, and 10 days of active service and his DD Form 214 issued at the time of his REFRAD reflects a name suffix of JR.
4. The birth certificate provided by the applicant with his application shows a name suffix of III and a DOB of 10 Sxxxxxxxx xxxx.
5. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, guidance on the preparation of the DD Form 214. This regulation has historically stated that item 1 (Last Name, First Name, Middle Name) of the DD Form 214 will contain the name taken from the Soldiers personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his name suffix shown in his military records should be changed from JR to III.
2. The evidence of record shows that the applicant enlisted, served, and was honorably released from active duty under the name suffix of JR. There is no evidence of record or independent evidence that suggests the name recorded in his military records exhibits a material error or injustice. Additionally, the applicant has offered no explanation as to the difference in the name suffix he used at the time and the name suffix he currently uses.
3. It is also noted that the applicant used a different DOB than the DOB indicated on the birth certificate he provides.
4. 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 his correct name suffix in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
5. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct name suffix will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name suffix recorded in his military record and to satisfy his desire to have his correct name suffix documented in his OMPF.
6. Therefore, there appears to be no basis to grant the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. 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) AR20110006548
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110006548
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140015173
The applicant requests correction of the last name and date of birth (DOB) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 4 (Enlistment Contract - Armed Forces of the United...
ARMY | BCMR | CY2012 | 20120008353
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 September 1963 to show his: * social security number (SSN) as "XXX-XX-6874" (a completely different number) instead of "XXX-XX-2376" * date of birth (DOB) as "18 July XXXX" instead of "20 July XXXX" 2. His DD Form 47 (Record of Induction) identified him by his Service Number; it did not list his SSN. The evidence of record shows upon his...
ARMY | BCMR | CY2011 | 20110022345
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * the last digit of his social security number (SSN) as 3 * his date of birth (DOB) as 11 Oxxxxxx xxxx. His DD Form 4 (Enlistment/Reenlistment Document) shows the last digit of his SSN as 9 and his DOB as 11 Oxxxxxx xxxx. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show the last digit of his SSN as...
ARMY | BCMR | CY2010 | 20100029710
The applicants military records are not available to the Board for review. The applicant's DD Form 214 shows he enlisted in the Regular Army for 3 years on 5 November 1955. However, his reconstructed record contains a copy of a properly-constituted DD Form 214 that shows his last name as "Gxxxdaos" and his DOB as "12 Jxxx xxxx."
ARMY | BCMR | CY2011 | 20110011976
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect that his date of birth (DOB) is August instead of February as currently reflected. The DD Form 214 issued at the time of his release from ACDUTRA reflects that his DOB is XX February XXXX. Inasmuch as the applicant served all of his time using the February DOB there appears to be no basis to change his records 45 years after the fact to reflect a...
ARMY | BCMR | CY2014 | 20140014849
His DD Form 214 shows the first and last name as "Bennie D---" and his DOB as "5 September XXXX." His record is void of documentation showing he used another first and last name or DOB during his Army service. _______ _ 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 | CY2011 | 20110008185
The applicant requests that his records be corrected to show his correct Social Security Number (SSN) and date of birth (DOB). He used his fathers SSN and a DOB that was not his to enlist in the military. _______ _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 | CY2012 | 20120019398
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 27 September XXXX. A thorough review of every document contained in his available military personnel record, many of which bear his signature, shows that his DOB consistently appears as 26 September XXXX.
ARMY | BCMR | CY2011 | 20110009199
Application for correction of military records (with supporting documents provided, if any). Item 5 (DOB) on his DD Form 214 shows his DOB as 30 Jxxxxxx xxxx. The DOB he listed at that time is consistent with the DOB shown on several documents throughout his military record.
ARMY | BCMR | CY2013 | 20130018147
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his date of birth (DOB) as 11 July xxxx. Item 4 (DOB) of his DD Form 214 (Report of Separation from Active Duty), dated 22 March 1978, shows his DOB as 10 July xxxx. ______________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.