IN THE CASE OF:
BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120004009
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 the spelling of his first name in item
1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the correct spelling of his first name is Edmund not Edmond.
3. The applicant provides:
* Discharge orders, dated 6 February 1957
* DD Form 214
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's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 15 February 1955. He served as a personnel specialist and he was honorably released from active duty on 7 February 1957 and transferred to the U.S. Army Reserve to complete his remaining service obligation.
4. Item 1 of his DD Form 214 shows the first name Edmond.
5. He provided a copy of his discharge orders, dated 6 February 1957, that show the first name Edmund.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows his first name as Edmund at the time of his release from active duty in 1957. Therefore, it would be appropriate to correct item 1 of his DD Form 214 to reflect this first name as shown on his discharge orders.
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 the first name in item 1 of his DD Form 214 and adding his first name as it is listed on his discharge orders.
_______ _ 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) AR20120004009
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ABCMR Record of Proceedings (cont) AR20120004009
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