IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110016224
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 (Report of Separation from the Armed Forces of the United States) to show that his middle name as Roy instead of "Ray."
2. The applicant states the error was due to a misprint or a typing error.
3. The applicant provides a copy of his DD Form 214 and 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 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 applicants military records are not available for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is
believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States in Albany, NY on 10 February 1953. He completed his training as a wheel vehicle repairman and he served overseas with the 586th Ordnance Company until he was returned to Camp Kilmer, NJ where he was honorably released from active duty (REFRAD) on 25 January 1955. He was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation. He completed 1 year, 11 months, and 16 days of total active service.
4. Item 1 (Last Name First name Middle Name) of the DD Form 214 he was issued at the time of his REFRAD shows his middle name was Ray; however, the applicant signed his DD Form 214 with a middle name of Roy.
DISCUSSION AND CONCLUSIONS:
1. Although there are no records to show what middle name the applicant served under during his active service, the available evidence shows that despite the fact his DD Form 214 was prepared to reflect a middle name of Ray, he signed his middle name as Roy, which is also reflected on his Certificate of Birth.
2. Therefore, it is reasonable to presume that an administrative error resulted in his middle name being misspelled at the time his DD Form 214 was prepared.
3. Accordingly, his DD Form 214 should be corrected to show his middle name as Roy instead of Ray.
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 deleting from item 1 of his DD Form 214 the middle name entry of "Ray" and replacing it with the middle name entry of "Roy."
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States 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) AR20110016224
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110016224
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120010294
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his correct middle name. A DD Form 398 (Statement of Personal History), prepared by the applicant, dated 7 September 1973, shows he entered his name as "Larry Roy P_____." The evidence of record shows that upon entry on active duty in the RA, the applicant's middle name was correctly recorded in his military service record.
ARMY | BCMR | CY2010 | 20100026757
His discharge packet is not available for review; however, his DD Form 214 shows he was administratively discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by a court-martial. He provided his DD Form 214, DD Form 4, and his DA Form 2-1, all which show his middle name as "Ray." As a result, the Board recommends denial of so much of the application that pertains to: * correcting...
ARMY | BCMR | CY2005 | 20050004422C070206
However, evidence of record shows the applicant executed a statement of name change prior to his enlistment electing to use the middle name Dwayne and the suffix JR to his last name instead of his birth name as reflected on his birth certificate and Social Security card. This Board action will be filed in his military records so another record of his birth middle name will be on hand. The Board determined that the evidence presented does not demonstrate the existence of a probable error or...
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 | CY2013 | 20130003475
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by reversing his first and middle names. The evidence of record shows the applicant appropriately recorded his first and middle name as Ray Michael when he first entered military service as verified by his birth certificate. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from his DD Form 214...
ARMY | BCMR | CY2011 | 20110006323
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. 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...
ARMY | BCMR | CY2009 | 20090001907
Application for correction of military records (with supporting documents provided, if any). The applicant states that his last name is incorrectly spelled in his military records. The last name shown on his DD Form 214 and other available service documents show that he spelled his last name VALEDEZ and served his entire military career with his last name spelled that way.
ARMY | BCMR | CY2013 | 20130002599
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his first name and middle initial as "William C" instead of "Claude W" and his day of birth as "12 September" instead of "17 September." ____________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2014 | 20140016098
Application for correction of military records (with supporting documents provided, if any). For purposes of clarity, however, it would be appropriate to amend item 32 (Remarks) of his DD Form 214 to add the entry: "Service member's records contain a DA Form 268, dated 7 March 1966, showing his name as E____ O___Z-S___Z; DOB as 16 April 1937; and POB as Madrid, Spain." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2011 | 20110008299
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his new legally changed name and to correct his race to reflect he is a Moorish-American. 2. 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. However, at...