IN THE CASE OF:
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120010133
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, the widow of a deceased former service member (FSM), requests, in effect, correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name spelled as "xxRxxx" vice "xxNxxx."
2. The applicant states, in effect, the FSM's first name is misspelled on his DD Form 214 as well as other documents to include his marriage license and social security card.
3. The applicant provides:
* Certificate of Birth
* Marriage License
* Certificate of Death
* Honorable Discharge documentation
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Although the applicant lists counsel, he did not render a request on the applicant's behalf.
2. Counsel provides no additional statement.
3. Counsel provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The FSM's records show he was inducted into the Army of the United States on 18 March 1968. Item 1 (Last Name First Name Middle Name) of his DD Form 47 (Record of Induction) lists the spelling of his first name as "xxRxxx."
2. The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows the spelling of his first name as "xxRxxx." He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this same spelling of his first name.
3. His records contain several personnel, finance, legal, and medical documents including a record of emergency data, an insurance election certificate, an application for identification card, and various orders which show the spelling of his first name as "xxRxxx." He authenticated some of these forms, as required, by placing his signature in the appropriate place using this spelling of his first name.
4. He was honorably released from active duty on 7 July 1969. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows the spelling of his first name as "xxNxxx."
5. 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:
1. The evidence of record shows the FSM listed the spelling of his first name as "xxRxxx" upon his induction. This spelling of his first name is consistent with the spelling of his first name on the vast majority of official military records throughout his military service. He authenticated several forms that contain this spelling of his first name. It appears his first name was inadvertently misspelled on his DD Form 214 at the time of his separation. Therefore, he is entitled to correction of his DD Form 214 to show the spelling of his first name as "xxRxxx."
2. It is noted the applicant states the FSM's first name is misspelled on his marriage license and social security card and that she provided a copy of the FSM's marriage license, but not his social security card. However, the correction of these documents is not within the purview of this Board.
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 "xxNxxx" from item 1 of his DD Form 214 and replacing it with the FSM's first name "xxRxxx" as found on his DD Form 47.
_______ _ 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) AR20120010133
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