Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110016857
Original file (20110016857.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  13 March 2012

		DOCKET NUMBER:  AR20110016857 


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 his last name on his DD Form 214 (Certificate of Releaser or Discharge from Active Duty) for the period ending 5 May 1980 be changed. 

2.  The applicant states, in effect:

* His last name is Pxxx not Bxxx
* He was drafted into the Army in 1966 under the last name Pxxx
* After a break in service he reenlisted using his birth certificate which had the last name Bxxx  

3.  The applicant provides his DD Form 214 for the period ending 5 May 1980.

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 was inducted into the Army of the United States on 8 November 1966.  His induction record shows the last name Pxxx.  On 27 August 1968, he was honorably discharged for enlistment in the Regular Army (RA).

3.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 27 August 1968 shows the last name Pxxx.

4.  He enlisted in the RA on 28 August 1968 for a period of 6 years.  His enlistment contract shows the last name Pxxx.  On 23 November 1970, he was dishonorably discharged.

5.  Item 1 of his DD Form 214 for the period ending 23 November 1970 shows the last name Pxxx.

6.  He enlisted in the RA on 5 January 1979 for a period of 4 years.  His enlistment contract shows the last name Pxxx.  On 13 February 1979, he was discharged for misconduct (fraudulent entry).

7.  Item 1 of his DD Form 214 (Report of Separation from Active Duty) for the period ending 13 February 1979 shows the last name Pxxx.

8.  He enlisted in the RA on 25 February 1980 for a period of 3 years.  His enlistment contract shows the last name Bxxx and he had no prior service.  On 
5 May 1980, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-7c(2) for failing to meet procurement medical fitness standards.     

9.  Item 1 (Name) of his DD Form 214 for the period ending 5 May 1980 shows the last name Bxxx.

10.  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.  In pertinent part, it states that the 


DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  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.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should actually 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.  

2.  His service personnel records from 1966 to 1979 show he served under the last name Pxxx.  

3.  In February 1980, he reenlisted under the last name Bxxx and was discharged under this name two months later.  It appears he appropriately served on and he was separated from active duty under the last name Bxxx.  While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records, in particular, the applicant’s DD Form 214 for the period ending 5 May 1980.  

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)                                         AR20110016857





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110016857



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140002934

    Original file (20140002934.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 he was awarded the: * Silver Star * Bronze Star Medal with 1st Oak Leaf Cluster (OLC) and "V" Device * Army Commendation Medal with "V" Device * Army Good Conduct Medal (1st Award) 2. The bold initiative and exemplary courage demonstrated by Sergeant Bxxx significantly contributed to the successful evacuation of the friendly casualties and the defeat of a large...

  • ARMY | BCMR | CY2008 | 20080008082

    Original file (20080008082.txt) Auto-classification: Approved

    Army Regulation 635-5, in effect at the time the applicant retired from active duty, in pertinent part, stated that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF). ...

  • ARMY | BCMR | CY2012 | 20120017794

    Original file (20120017794.txt) Auto-classification: Approved

    The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his dates of service in Vietnam. The evidence of record shows the applicant served in Vietnam from 15 July 1967 through 15 July 1968. As a result, the Board recommends denial of so much of the application that pertains to correction to his DD Form 214 for the period ending 31 August 1988 to show his dates of service in Vietnam.

  • ARMY | BCMR | CY2007 | 20070000702

    Original file (20070000702.txt) Auto-classification: Denied

    The applicant's military records contain a letter from the applicant, dated 28 May 1980, that shows, in pertinent part, the applicant requested a Statement of Service from 17 May 1951 to 30 June 1979 because his DD Form 214 (with an effective date of 30 June 1979) “only show[s] from 1972 to 1979.” 15. In support of his application, the applicant provides a copy of his DD Form 214, with an effective date of 30 June 1979 and DD Form 13 (Statement of Service), dated 31 December 1980. The...

  • ARMY | BCMR | CY2008 | 20080014517

    Original file (20080014517.txt) Auto-classification: Approved

    The applicant requests, in effect, that the date he entered active duty on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 August 1984 be corrected to a date in 1964. Therefore, the date of 29 August 1974 in Item 12a of the applicant's DD Form 214 with a separation date of 31 August 1984 is correct. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 13 of his...

  • ARMY | BCMR | CY2014 | 20140016608

    Original file (20140016608.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 23 December 1983, to change his name from "Tomas Andres Mxxxxx” to "Thomas Andrews Mxxxxx." Item 1 (Name (Last, First, Middle)) of his DD Form 214 shows his name as "Mxxxxx, Tomas Andre's" [with apostrophe used as an accent mark]. The documents contained in his DA Form 201 (Military Personnel Records Jacket (MPRJ)), initiated and completed during his Regular...

  • ARMY | BCMR | CY2010 | 20100020875

    Original file (20100020875.txt) Auto-classification: Denied

    The applicant requests correction to Item 12a (Date Entered AD (active duty) This Period), 12f (Foreign Service), and 12g (Sea Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1991. No evidence shows he served in Vietnam or performed any sea service during the period covered by the DD Form 214 from 1976 to 1991. He was properly issued a DD Form 214 at the time of his discharge from the USMC crediting him with that service.

  • ARMY | BCMR | CY2010 | 20100026103

    Original file (20100026103.txt) Auto-classification: Approved

    The applicant requests, in effect, correction to Items 12d (Total Prior Active Service) and 12e (Total Prior Inactive Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 December 1979 and the issuance of a DD Form 215 (Correction to DD Form 214). His last DD Form 214 only shows he served 2 years of active service. The evidence of record shows he enlisted and served in the TXARNG from 8 January through 14 August 1963, a period of 7...

  • ARMY | BCMR | CY2013 | 20130021025

    Original file (20130021025.txt) Auto-classification: Approved

    The applicant requests, in effect, his duty assignment in Korea be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 September 1969. c. a DD Form 256A (Honorable Discharge) was provided for his discharge on 31 March 1975. d. he received a DD Form 214 for the period 13 September 1966 to 29 September 1969. His records contain a DD Form 214 for this period of service.

  • ARMY | BCMR | CY2013 | 20130008203

    Original file (20130008203.txt) Auto-classification: Denied

    The applicant requests item 1 (Name - Last, First, Middle) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected. The applicant states he wants his name changed from Freddy to Jose Alfredo on his DD Form 214. 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.