BOARD DATE: 8 November 2012
DOCKET NUMBER: AR20120008833
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 middle name as Julian.
2. The applicant states his middle name is incorrectly shown as John. He requests correction of this error to avoid problems with benefits.
3. The applicant provides copies of his birth certificate and driver's license.
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 served on active duty from 23 January 1970 through 29 January 1972, a period of 2 years and 7 days. His records do not contain a copy of his Record of Induction but do include his Enlistment Statement of Personal History that shows his middle name as Julian.
3. All documents of record except his Enlistment Statement of Personal History, Serviceman's Group Life Insurance Election, discharge orders, and DD Form 214, show just the middle initial "J." The insurance form and DD Form 214 show a middle name of John.
4. The birth certificate and driver's license show a middle name of Julian.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states transition centers are to ensure all information on DD Form 214 and other separation documents is accurate. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance.
DISCUSSION AND CONCLUSIONS:
The preponderance of evidence shows the applicant's middle name as Julian, not John. It is therefore appropriate to correct his DD Form 214 to show his middle name as Julian.
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 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 the applicant's middle name as Julian on his DD Form 214.
____________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) AR20120008833
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120008833
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120004983
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's military record shows he served in the Army 2 years with the spelling of his middle name as "Lewxx." ABCMR Record of Proceedings (cont) AR20120004983 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120004983 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2008 | 20080005995
He now requests his military records corrected. Counsel requests correction of the applicants military records to show his correct name, date of birth, and place of birth. The applicant requests that his DD Form 214, dated 24 November 1969, be corrected to show his correct name as Roxxxxo Rxxxxa-Vxxa, his DOB as 29 July 1947, and place of birth as Arecibo, Puerto Rico. 2.
ARMY | BCMR | CY2011 | 20110017397
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his military records by changing his middle name from John to Patrick. This regulation has historically stated that item 1 of the DD Form 214 will contain the name taken from the Soldier's personnel record.
ARMY | BCMR | CY2014 | 20140008375
Application for correction of military records (with supporting documents provided, if any). His military records show he served in the Army for almost 2 years with the first name of "Rodgie." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his year of birth as 1943 as it appears on his birth certificate.
ARMY | BCMR | CY2013 | 20130001756
ARMY | BCMR | CY2011 | 20110000048
ARMY | BCMR | CY2010 | 20100030408
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 | CY2004 | 20040006156C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 May 2005 DOCKET NUMBER: AR20040006156 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that the first and middle names recorded in Item 1 (Last Name, First Name, Middle Name) of his separation document (DD Form 214) be corrected to read Ramon Miguel, instead of Miguel...
ARMY | BCMR | CY2009 | 20090016603
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his first and middle names as "M___ R___" instead of "H___ K___" and to show his gender as male instead of female. The applicant contends that his DD Form 214 should be corrected to show his correct first and middle names and correct gender.
ARMY | BCMR | CY2013 | 20130006145
The applicant requests correction of his records to show his middle name as Kirkland instead of Keith and his birth year as 1933 instead of 1932. 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. This should serve to clarify any questions or confusion regarding the difference in the year...