Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110011965
Original file (20110011965.txt) Auto-classification: Approved

		

		BOARD DATE:	  6 December 2011 

		DOCKET NUMBER:  AR20110011965 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as "Philip" instead of "Phillip."

2.  The applicant states the Department of Homeland Security requires the name on all documents be spelled the same.

3.  The applicant provides his:

* DD Form 214
* Social Security Card
* Indiana Driver License
* Certificate of Birth

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.  The applicant enlisted in the Regular Army on 31 July 1959.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his first name as "Philip."

3.  His DA Form 24 (Service Record) that was created upon his entrance into the Army shows the first name as "Philip."

4.  His record contains several other official personnel and/or medical documents that show his first name as "Philip."  Those documents requiring a signature shows he authenticated them using the first name as "Philip."

5.  He was honorably released from active duty on 16 July 1962.  Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 shows his first name as "Phillip."  He also authenticated this form by placing his signature in item 34 (Signature of Person Being Transferred or Discharged) using the first name "Philip."

6.  He provides his Social Security Card, Indiana Driver License, and Certificate of Birth listing his first name as "Philip."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant used the spelling of his first name as "Philip" upon his enlistment in the Army.  This spelling of his first name is consistent with the first name on all official military records throughout his military service.  He authenticated several of these forms that contain this spelling of his first name.  It appears his first name was incorrectly spelled during the preparation of his DD Form 214 as a result of an administrative error.

2.  In view of the foregoing the applicant's DD Form 214 should be corrected as recommended below.

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 first name entry of "Phillip" and replacing it with the first name entry of "Philip."



      __________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)                                         AR20110011965



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011965



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100021016

    Original file (20100021016.txt) Auto-classification: Denied

    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 Enlisted Record Brief (ERB) which was created upon his entry on active duty recorded his last name as "C____B____" without a hyphen; it did not record a middle name. ___________x______________ CHAIRPERSON I certify that herein is...

  • ARMY | BCMR | CY2014 | 20140010118

    Original file (20140010118.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "HXmmXXX" instead of "HXmXXX." Item 1 (Last Name – First Name – Middle Name) of his DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his last name as "HXmXXX" and he authenticated the form by signing his name, representing his last name as "HXmXXX." Sometimes he spelled his last name as "HXmXXX" and other times he spelled...

  • ARMY | BCMR | CY2014 | 20140016083

    Original file (20140016083.txt) Auto-classification: Approved

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her first name spelled as "J_____N" instead of "J______R." Her DD Form 4/1 lists her first name as she requests, "J_____N." DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant's spelling of her first name as "J_____N" upon enlistment.

  • ARMY | BCMR | CY2014 | 20140021059

    Original file (20140021059.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the spelling of his last name as "Ausborn" instead of "Osborn." _______ _ 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) AR20140021059 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR...

  • ARMY | BCMR | CY2012 | 20120009328

    Original file (20120009328.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). _______ _ 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) AR20120009328 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120009328 2 ARMY BOARD FOR CORRECTION OF MILITARY...

  • ARMY | BCMR | CY2011 | 20110022577

    Original file (20110022577.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the last name "STR___S" from item 1 of his DD Form 214 and replacing it with the last name "ST___S" as found on his DD Form 47. _______ _ x_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...

  • ARMY | BCMR | CY2012 | 20120010133

    Original file (20120010133.txt) Auto-classification: Approved

    The applicant provides: * Certificate of Birth * Marriage License * Certificate of Death * Honorable Discharge documentation COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. The evidence of record shows the FSM listed the spelling of his first name as "xxRxxx" upon his induction. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the first name "xxNxxx" from item 1 of his DD Form 214 and replacing it with the FSM's...

  • ARMY | BCMR | CY2011 | 20110020972

    Original file (20110020972.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show Geary instead of Gary as the correct spelling of his first name. In item 32 (SIGNATURE OF PERSON BEING TRANSFERRED OR DISCHARGED) the applicant spelled his first name Gary when he signed his DD Form 214. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary...

  • ARMY | BCMR | CY2010 | 20100030408

    Original file (20100030408.txt) Auto-classification: Denied

    Prior to his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his first name as "Lawxxxxx." The evidence of record shows that upon his enlistment in the Army, the applicant listed his first name as "Lawxxxxx." Therefore, absent convincing, independent, and verifiable evidence to the contrary it is presumed that the applicant's military service records including the DD Form 214 were correct at the time they were...

  • ARMY | BCMR | CY2013 | 20130021870

    Original file (20130021870.txt) Auto-classification: Denied

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her: * middle name as LaShon vice Lashown * date of birth (DOB) as 24 February 1972 vice 14 January 1970 2. This form does not show her DOB. These orders show her middle name as Lashown; they do not show her DOB.