IN THE CASE OF:
BOARD DATE: 14 November 2013
DOCKET NUMBER: AR20130005743
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 the correct spelling of his first name as Stephen.
2. The applicant states his DD Form 214 shows his first name as Steven, but his birth certificate shows Stephen.
3. The applicant provides:
* Birth certificate
* Ohio driver license
* 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 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 18 January 1968. His DD Form 398 (Statement of Personal History), dated 24 January 1968, shows his first name is Stephen. He served as a military police in Vietnam and he was released from active duty on 16 January 1970.
3. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his first name is Steven.
4. He provides his birth certificate which shows his first name is Stephen.
DISCUSSION AND CONCLUSIONS:
The applicant contends his first name is Stephen and his DD Form 398 and birth certificate support this contention. Based on the foregoing, it would be appropriate to correct item 1 of his DD Form 214 to show his first name is Stephen.
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 entry in item 1 of his DD Form 214 and replacing it with the entry "Stephen."
_______ _ 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) AR20130005743
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130005743
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140021208
His DD Form 398 (Statement of Personal History), dated 27 January 1971, shows his first name spelled as Stephen. Based on the foregoing evidence, it would be appropriate to correct item 1 of his DD Form 214 to show his first name spelled as Stephen. _______ _ __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.
ARMY | BCMR | CY2010 | 20100022200
The applicant requests correction of the spelling of his first name as shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and removal of 4 days of lost time from his DD Form 214. He states his first name is misspelled on his DD Form 214 and should be spelled "Stephen." Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his first name spelled as "Steven."
ARMY | BCMR | CY2012 | 20120009054
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his name as "STEPHEN J____ LEE S___R." 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 the applicant's desire to change his military records and his DD...
ARMY | BCMR | CY2014 | 20140011375
His DD Form 214 shows his SSN as X40-X6-4xxx and his middle name as "Steven." As such, it would be appropriate to correct the FSM's DD Form 214 to show his middle name as "Stephen." As a result, the Board recommends denial of so much of the application that pertains to correcting the FSM's records to show his SSN as X57-X4-0xxx. _________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2011 | 20110013092
Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlistment Qualification Record) prepared upon his entry on active duty on 28 May 1969, lists his first name as Steven in Item 1 (Name and Social Security Number). However, the record shows he entered, served, and was released from active duty under the first name listed on his DD Form 214.
ARMY | BCMR | CY2010 | 20100007985
ARMY | BCMR | CY2014 | 20140012088
Application for correction of military records (with supporting documents provided, if any). The applicant's DD Form 398 (Statement of Personal History), dated 6 May 1968, shows his middle name as L__N. Therefore, it would be appropriate at this time to correct item 1 of his DD Form 214 to show his middle name as L__N.
ARMY | BCMR | CY1996 | 9605052C070209
APPLICANT REQUESTS: That he be awarded the Purple Heart for injuries received in Vietnam and that the spelling of his first name be changed from Steven to Stephen on his DD Form 214, Report of Discharge. Army Regulation 600-8-22, Military Awards, provides in pertinent part, that the Purple Heart is awarded for a wound sustained as the result of hostile action. The applicant has failed to submit evidence that would satisfy this requirement 3.
ARMY | BCMR | CY2011 | 20110019664
ARMY | BCMR | CY2010 | 20100012059
The applicant requests, in effect, correction of his first name in item 1 (Last Name, First Name, Middle Name) on his DD Form 214 (Report of Transfer or Discharge) and that the first and fifth digits in item 3 (Social Security Number (SSN)) be corrected. The entries on the applicant's 1966 induction record and his service personnel records which show his first name is Stephen are accepted as sufficient evidence on which to amend item 1 on his DD Form 214. As a result, the Board recommends...