IN THE CASE OF:
BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110018976
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 records to show his name as "Ramon R---- T-----" instead of "T----- Ramon R---- "
2. The applicant states "T-----" is supposed to be after "R----" and not in front of "Ramon."
3. The applicant provides:
* his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) for the period ending 14 December 1946
* his WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) for the period ending 14 December 1949
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 March 1960
* his DD Form 214 for the period ending 31 August 1965
* a letter to him from the Army Review Boards Agency (ARBA), dated
9 August 2011
* his reply to ARBA, dated 17 August 2011
* his Certificate of Birth issued on 7 February 2011 showing his name as "Ramon R---- T-----"
* his Form 1099-R (Distribution from Pensions, Annuities, Retirement, or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.) for 2010
*
the cover of his Retired Army Echoes Newsletter showing his name as
"T----- R. R----."
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 applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and those provided by the applicant to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States and entered active service on 30 July 1945. He completed training and he was awarded military occupational specialty (MOS) 060 (cook). On 14 December 1946, he was honorably discharged for the purpose of enlistment in the Regular Army. He completed 1 year, 4 months, and 15 days of total active service this period. The WD AGO Form 53-55 he was issued at the time shows in item 1 (Last Name, First Name, Middle Name) the entry "R---- - T-----, Ramon."
4. On 15 December 1946 he enlisted in the RA. He continued to serve through subsequent reenlistments. On 1 March 1960, he was honorably discharged for the purpose of immediate reenlistment. His WD AGO Form 53 and DD Forms 214 he was issued during these reenlistments show in item 1 the entry
"R---- - T-----, Ramon."
5. On 2 March 1960, he again reenlisted in the RA. On 31 August 1965, he was retired by reason of sufficient service for retirement. Item 1 of the DD Form 214 he was issued for this period of service shows in item 1 the entry
"R----, T----- Ramon."
6. His record contains a War Department Form 372A (Final Payment Work Sheet), dated 14 December 1946. This form shows his last name as
"R---- - T-----" and his first name as "Ramon."
7. The applicant provided a copy of his Certificate of Birth that shows his name as "Ramon R---- T-----." The certificate also shows his father's last name as
"R----" and his mother's last name as "T-----."
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The applicant's separation documents, except his last DD Form 214 for the period ending 31 August 1965, consistently shows his name as "R---- - T----, Ramon," which he claims is correct. His Certificate of Birth confirms his first name as "Ramon" and the surnames of his father and mother as "R---- T-----." Therefore, it would be appropriate at this time to correct his DD Form 214 for the period ending 31 August 1965 to show his correct name as shown on his prior separation documents and Certificate of Birth.
BOARD VOTE:
____X___ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 for the period ending 31 August 1965
and replacing it with his correct first and last names as show on his prior separation documents and Certificate of Birth.
_______ _ 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) AR20100000077
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110018976
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130022341
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) for the period ending 30 October 1946 to show the spelling of his last name as "S----TSON." The applicant states his last name is spelled as "S----TSON" and his WD AGO Form 53-55 for the period ending 30 October 1946 and has the letters "T" and "S" transposed. The applicant's complete military records are not available for review.
ARMY | BCMR | CY2005 | 20050017789C070206
William Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that item 10 (Date of Birth) on his initial WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show 12 June 1929 instead of 12 June 1926. A DD Form 215 (Correction to DD Form 214), dated 3 September 1968, amended the applicant’s DD Form 214 for the period ending 8 October 1959 to show the Army of Occupation Medal...
ARMY | BCMR | CY2009 | 20090003047
IN THE CASE OF: BOARD DATE: 2 June 2009 DOCKET NUMBER: AR20090003047 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests reconsideration of the Army Board for Correction of Military Records (ABCMR) decision of 24 April 2001 by correction of his WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) by showing award of the Army Good Conduct Medal, showing he was a grade 4 sergeant (SGT) or technician fourth grade, and showing his date of birth (DOB)...
ARMY | BCMR | CY2005 | 20050007220C070206
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show a different last name, date of birth, and place of birth. The applicant’s military records are not available to the Board for review. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.
ARMY | BCMR | CY2005 | 20050003824C070206
This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. This Board action will be filed in the applicant's military records so a record of the correct spelling of his last name will be on hand. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse...
ARMY | BCMR | CY2014 | 20140004035
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. His record contains a series of enlistment records as listed below, which list his DOB as "23 Nxxxxxxx XXXX": * DD Form 4 (Enlistment Record ...
ARMY | BCMR | CY2009 | 20090017313
The applicant provides copies of a letter from the Army Review Boards Agency, his previous application to the Army Board for Correction of Military Records (ABCMR), his WD AGO Form 53-55, and his birth certificate. The applicants military records are not available to the Board for review. 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, will be filed in his official...
ARMY | BCMR | CY2011 | 20110006233
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in two separate applications, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Belgian Fourragere and his last name as H-----c--. Army Regulation 600-8-22 (Military Awards) provides for award of the Belgian Fourragere.
ARMY | BCMR | CY2009 | 20090013232
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. These documents include his WD AGO Form 100 (Separation Qualification Record), dated 9 March 1946; his WD Form 372A (Final Payment), dated 31 January 1946; his WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to...
ARMY | BCMR | CY2014 | 20140006853
Application for correction of military records (with supporting documents provided, if any). The applicant's records contain a WD AGO Form 20 (Soldiers Qualification Record) which reflects his date of birth is 26 November 1919 and his last name is spelled M__G__. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to show his birth date as 26 November 1919 and the spelling of his last name as...