IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110006608
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) for the period ending 4 February 1972 be corrected to reflect his correct middle name.
2. He states that his middle name on his DD Form is incorrect and that name should be Roddy instead of Rodney. He continues that he would like to have the correction done before he applies for social security retirement.
3. He provides his DD Form 214 and a State of Nebraska Certificate of Live Birth, dated 4 November 1949.
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 on 17 October 1969. He successfully completed basic training and advanced individual training and was awarded military occupational specialty 62B (Mechanic).
3. Item 5 (Last Name, Middle Name, Middle Name) of his DD Form
4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 10 September 1969, erroneously shows his name as P______ Rodney G____________. Item 57 (Oath of Enlistment) shows he signed his middle name as P______ Roddy G____________.
4. His Official Military Personnel File (OMPF) contains the below enlisted documents that show his name as P______ Roddy G____________:
* DD Form 369 (Police Record Check), dated 23 October 1969
* DA Form 41 (Record of Emergency Data), dated 23 October 1969
* DA Form 3286-4 (Statement for Enlistment), dated 23 October 1969
* DD Form 398 (Statement of Personal History)
* VA Form 29-8286 (Services Group Life Insurance Election), dated
23 October 1969
5. On 4 February 1972, he was honorably released from active duty. Item
1 (Last Name, Middle Name, Middle Name) of his DD Form 214 shows his name as P______ Rodney G____________. Item 32 (Signature of Person Being Transferred or Discharged) shows he signed his middle name as P______ Roddy G____________.
6. He provided a State of Nebraska Certificate of Live Birth dated 4 November 1949 that shows his middle name as P______ Roddy G____________.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 for the period ending 4 February 1972 erroneously shows his middle name as P______ Rodney G____________. His DD Form 4, DD Form 398, DD Form 369, DA Form 41, DA Form 3286-4, and State of Nebraska Certificate of Live Birth confirm that his DD Form 214 is incorrect. The preponderance of evidence supports his contention that his middle name on his DD Form 214 incorrect. Therefore, his DD Form 214 should be corrected to reflect his middle name as Roddy.
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 from item 1 of his DD Form 214 the middle name entry of "Rodney" and replacing it with the entry "Roddy."
_______ _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) AR20110006608
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110006608
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080005995
He now requests his military records corrected. Counsel requests correction of the applicants military records to show his correct name, date of birth, and place of birth. The applicant requests that his DD Form 214, dated 24 November 1969, be corrected to show his correct name as Roxxxxo Rxxxxa-Vxxa, his DOB as 29 July 1947, and place of birth as Arecibo, Puerto Rico. 2.
ARMY | BCMR | CY2014 | 20140002883
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. 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 to...
ARMY | BCMR | CY2014 | 20140005216
On 25 April 1969, the applicant completed a DD Form 398 (Statement of Personal History) in which he listed his DOB as 4 September 1949. His DD Form 47 (Record of Induction) shows his DOB as 4 September1949. _____________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 | 20110019481
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 "Neal" instead of "Neil" * his foreign service from 30 June 1969 through 7 August 1971 for 2 years, 1 month, and 7 days instead of 1 year, 1 month, and 7 days * his service in Korea, not Vietnam 2. The DD Form 214 he was issued at the time shows in: a. Therefore, his DD Form 214 should be corrected to show his correct middle name.
ARMY | BCMR | CY2013 | 20130003477
Application for correction of military records (with supporting documents provided, if any). A thorough review of his available military personnel record shows his birth month consistently appears as "August," as shown on the following documents: * DD Form 398 (Statement of Personal History) * DD Form 47 (Record of Induction) * DD Form 369 (Police Record Check) 4. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending...
ARMY | BCMR | CY2013 | 20130017065
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct spelling of his middle name. On his DD Form 47 (Record of Induction) his middle name is spelled "Allan." Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.
ARMY | BCMR | CY2013 | 20130001411
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the spelling of her first and middle name as A-- M---a instead of A-n- M---e. 2. The DD Form 4 for this enlistment shows the first and middle name she claims is incorrect. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
ARMY | BCMR | CY2006 | 20060003388C070205
The evidence of record shows that the applicant was inducted into the Army, served, and was released from active duty under the name of J___ A______ L_____ and that his date of birth is consistently recorded in his military service records as 31 March 1950. The discovery concerning the applicant's name and date of birth did not come about until after the applicant was discharged from the Army. The Board determined that the evidence presented does not demonstrate the existence of a probable...
ARMY | BCMR | CY2012 | 20120004434
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 17 October 1949 instead of 18 October 1949. The evidence of record shows that upon his induction into the Army of the United States, the applicant listed his DOB as 18 October 1949.
ARMY | BCMR | CY2013 | 20130020495
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to show his middle name as P____ and his last name spelled as G____EZ. The evidence of record shows upon the applicant's enlistment in the Regular Army in August 1969, he spelled his last name as G____ES as shown on his original birth certificate. However, his records also show signed his DD Form 398 on 15 August 1969, spelling his last name as G____EZ.