Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130006947
Original file (20130006947.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  21 November 2013

		DOCKET NUMBER:  AR20130006947 


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 last name and birth month shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  He states he was born in March, not May.  His last name is spelled "G------z," but is shown as "G------s" on his DD Form 214.

3.  He provides no additional documentation in support of his request.

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.  On 15 August 1963, the applicant was inducted into the Army of the United States.  
3.  The DD Form 47 (Record of Induction) completed during his induction processing shows in:

* item 1 (Last Name - First Name - Middle Name) – the last name "G------z"
* item 5 (Date of Birth) – the entry "31 May" was struck out and replaced with "11 Mar"

4.  A review of his record shows his last name was consistently recorded as 
"G------z" and his birth month was consistently recorded as "Mar."

5.  On 4 August 1965, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows in:

* item 1 (Last Name - First Name - Middle Name) – the last name "G------s"
* item 6 (Date of Birth) – the birth month "May"

DISCUSSION AND CONCLUSIONS:

The evidence shows administrative errors were made when recording the applicant's last name and birth month on his DD Form 214.  It would be appropriate to correct these errors at this time.  

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 




amending his DD Form 214 to show his last name as "G------z" and his birth month as "March."



      _______ _  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)                                         AR20130006947





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130006947



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100027262

    Original file (20100027262.txt) Auto-classification: Denied

    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. A DD Form 47 (Record of Induction), dated 6 August 1968, that shows in item 1 (Last Name - First Name - Middle Name) his last name as "M------z." This form further shows the entry, "The following change has been recorded in the official service records.

  • ARMY | BCMR | CY2014 | 20140014704

    Original file (20140014704.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his last name as "C-----N S-----O" instead of "C-----N-N-----Z." The evidence of record shows that upon his enlistment in the USAR on 24 June 1976, the applicant listed his last name as "C-----N N-----Z." ABCMR Record of Proceedings (cont) AR20140014704 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140014704 2 ARMY BOARD FOR...

  • ARMY | BCMR | CY2002 | 2002075955C070403

    Original file (2002075955C070403.rtf) Auto-classification: Approved

    The applicant requests correction of his records to show the correct spelling of his last name and to show his correct date of birth. The Board considered the applicant's request to correct the spelling of his last name from G------s to G------z. Therefore, the Board determined that the applicant's WD AGO Form 53-55 should be corrected to show his birth date as 20 November 1923.

  • ARMY | BCMR | CY2012 | 20120012370

    Original file (20120012370.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The DD Form 47 (Record of Induction) on file lists no middle name in item 1 (Last Name, First Name, Middle Name). The evidence of record confirms the applicant provided his correct name at the time of induction which did not include a middle name, as evidenced by the DD Form 47 and DD Form 398 completed during his induction processing.

  • ARMY | BCMR | CY2010 | 20100020804

    Original file (20100020804.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The evidence of record shows that the applicant enlisted, served, and was honorably released from active duty under the middle and last name of O---z M----y. 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 last name, will be filed in his Official Military Personnel File (OMPF).

  • ARMY | BCMR | CY2014 | 20140008974

    Original file (20140008974.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct name and date of birth (DOB). Subsequent documents prepared both upon his entry on active duty and near the time of his REFRAD, as evidenced on his DA Form 20 and on a Standard Form 89, also list the name and DOB that he claims is correct.

  • ARMY | BCMR | CY2008 | 20080017362

    Original file (20080017362.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 19 February 2009 DOCKET NUMBER: AR20080017362 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant’s military records are not available to the Board for review. Therefore, it appears the spelling of his last name in Item 1 of his WD AGO Form 53-55, which used the letter "x" as the fourth character, was the result of an administrative error and should be corrected at this time.

  • ARMY | BCMR | CY2011 | 20110023460

    Original file (20110023460.txt) Auto-classification: Denied

    A review of the applicant's military records reveals: a. she had served in the Regular Army from 1979 to 1985 using the name of Sonia Noemi G----a; b. she served in the Puerto Rico Army National Guard (PRARNG) from 1986 to 2002 using the name Sonia Noemi P---z-C----o; c. she was transferred to the Retired Reserve using this same name; d. that essentially every document in her military record shows her first name as Sonia and either Noemi or the letter "N" as her middle name; and e. her...

  • ARMY | BCMR | CY2012 | 20120008846

    Original file (20120008846.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). A review of the applicant's military personnel records shows there are documents with his last named spelled as "Hofmann" and also "Hoffmann." The evidence of record shows that both spellings of the last name were recorded on documents in his official military service records throughout his military service.

  • ARMY | BCMR | CY2008 | 20080019936

    Original file (20080019936.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests: a. correction of his middle name and date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and b. correction of his DOB on his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service). With respect to the applicant's middle name, the evidence of record shows that the applicant used the middle name...