BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130020488
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, in effect, correction of his name in his military personnel records by adding the suffix "Jr" after his last name.
2. The applicant states there are five generations with the name T_____ J____ B_____.
3. The applicant provides a Certification of Birth.
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 14 February 1969.
3. A review of documents contained in the applicant's military personnel records shows the suffix "Jr" following his last name on several documents and several documents with no suffix following his last name throughout his military service.
4. His record contains:
a. a DD Form 398 (Statement of Personal History), dated 18 February 1969, wherein the applicant printed his full name as " T----- Joe B----- Jr." and his signature with the same name; and
b. Unit Orders Number 8, issued by Company D, 2nd Training Battalion, 2nd Brigade, Fort Bliss TX, dated 3 March 1969, that show his name as "B-----, T------ J. Jr."
5. On 21 September 1970, he was honorably released from active duty. Item
1 (Name) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his name as "B-----, T----- Joe."
6. The applicant provided a State of Texas Birth Certificate that shows his name as "T------ Joe B-----Jr., "
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his military personnel records should be corrected to show the suffix after his last name as "Jr" was carefully considered and determined to have merit.
2. Although the applicant's suffix following his last name appears with "Jr" and without in his military personnel records, his DD Form 398 and his birth certificate show the suffix "Jr" after his last name. Therefore, his DD Form 214 should be corrected to show the suffix "Jr" after his last name as shown on his DD Form 398.
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 is 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 adding the suffix "Jr" after the last name shown on his DD Form 214 as shown on his DD Form 398.
__________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) AR20130020488
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