IN THE CASE OF:
BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130015681
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 military records to change his name.
2. The applicant states, "Wrong name for my head stone."
3. The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) showing a name of Virgin James S-----, a birth certificate showing his name was James S-----, and a certificate of Retirement in the name of Virgin J. S-----.
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. In September 1951, the applicant was inducted under the name of Virgin J
S-----. He completed training as an infantryman and served on active duty until August 1953 when he was honorably released ant transferred to the U.S. Army Reserve (USAR). He enlisted in the Hawaii Army National Guard (ARNG) in January 1955.
3. He had some breaks in service but, in 1993, the applicant retired from the Hawaiian ARNG and as a Reserve of the Army as a sergeant first class.
4. The records contain a church certificate showing that the applicant was baptized Virgin James S----- on 1 June 1933. He would have been 20 days old.
5. There is no available evidence that the applicant ever served under any name except Virgin James or Virgin J. S-----.
DISCUSSION AND CONCLUSIONS:
1. The applicant served on active duty, in the USAR, and in the ARNG using the name currently recorded in his military records. It may well be that he was not aware that his baptismal name was not the same as his birth registry name.
2. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
3. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record. This should serve to clarify any questions or confusion in regard to the difference in his current first name and the one recorded in his military record, and satisfy his desire to have his name documented in his record.
4. The Department of Veterans Affairs (VA) has jurisdiction over veterans' burial provisions. The applicant may desire to take up the name issue with the VA.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130015681
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130015681
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070012064
The applicant requests correction of his date of rank (DOR) to lieutenant colonel (LTC)/O-5 from 24 March 2005 to 15 September 2003 or a date to be determined by the Board based on the evidence provided. National Guard Bureau, Arlington, Virginia, Memorandum, dated 16 December 2003, subject: Army National Guard (ARNG) Promotion Process for Commissioned Officers, provides guidance to The Adjutants General (TAG) on the procedures for requesting Federal recognition of first lieutenant, DA...
ARMY | BCMR | CY2010 | 20100026828
Additionally, he requests correction of his year of birth on his DD Form 214 for the period ending 3 May 1982 to show "1954" instead of "1955." Item 1 (Name) of his DD Form 214 for this period of service shows his last name as "Toro" and the year of birth as "1954." While it is understandable the applicant desires to now record his correct last name and year of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records...
ARMY | BCMR | CY2008 | 20080007353
Several reasons were cited which made the applicant not eligible for separation to include the following: (1) non-selection for retention by the Selective Retention Board (SRB) for CY 2002; (2) designated career field of MOS 31 identified in ARNG Stop Loss Military Personnel Message Number 02-004, paragraph 5A; (3) achieved sanctuary as a Reservist on active duty within two years of retirement in accordance with Title 10, USC, section 12686; (4) second non-selection for promotion to...
ARMY | BCMR | CY2010 | 20100021890
The applicant requests correction of his military records to show his first name as "Ramon." 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 name, will be filed in his Official Military Personnel File (OMPF). ___________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...
ARMY | BCMR | CY2001 | 2001060101C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. In the applicant’s case, there is no evidence in the available records, and the applicant has provided no evidence, to show that a recommendation was prepared by the applicant’s rater to recommend him for promotion to the next higher grade. The evidence of record shows that the applicant was considered for and promoted to 1LT with a date of rank and effective date of 10...
ARMY | BCMR | CY2014 | 20140021484
The applicant requests correction of item 1 (Name (Last, first, middle)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the first and middle names "Michael Scott" instead of "Scott Michael." The evidence of record shows the applicant served in the RA, USAR, and WAARNG using the first and middle names "Scott Michael." There is no evidence of record and he did not provide sufficient evidence to show the first and middle names listed on his DD Form 214 were...
ARMY | BCMR | CY2009 | 20090000523
Application for correction of military records (with supporting documents provided, if any). The applicant's request that his military records be changed to reflect the middle name Th___, as listed on his birth certificate, was carefully considered. There is no evidence showing the applicant ever attempted to change the middle name recorded in his military record while he was still serving in the military and as a result, it is presumed he voluntarily chose to serve using the middle name...
ARMY | BCMR | CY2008 | 20080016068
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his records be corrected to show his first name as John. ABCMR Record of Proceedings (cont) AR20080016068 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080016068 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2014 | AR20140009914
The applicant states his DD Form 214 shows his middle name as James when, in fact, it is Jules. His DD Form 214 for this period of active duty shows his middle name as James. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from his DD Form 214 the middle name entry of James and replacing it with the middle name entry as Jules, as shown on his Certification of Birth.
ARMY | BCMR | CY2013 | 20130014830
The applicant requests his date of birth (DOB) be corrected to show 31 January 1955 on his DD Forms 214 (Certificate of Release or Discharge from Active Duty), effective date: * 15 August 1983 * 19 April 2002 * 9 August 2004 * 2 April 2006 * 22 September 2007 2. His military records for this period of service were not available for review; however, the applicant provided his DD Form 214 which shows his DOB as 31 January 1955. The evidence provided by the applicant shows his date of birth...