IN THE CASE OF:
BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20140002190
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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his first name as Ivxx vice Juxx.
2. The applicant states her late husband's first name is spelled incorrectly on his DD Form 214.
3. The applicant provides the FSM's DD Form 214, a birth certificate, marriage certificate, death certificate, and a copy of the FSM's social security number.
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 FSM's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed the FSM's records were lost or destroyed in that fire. However, his reconstructed record contains a Certification of Military Service and the applicant provides the FSM's DD Form 214 which are sufficient for the Board to conduct a fair and impartial review of this case.
3. The FSM's DD Form 214 shows he was inducted into the Army of the United States (AUS) on 7 May 1952.
4. He was honorably released from active duty on 22 April 1954 and he was transferred to the U.S. Army Reserve. Item 1 (Last Name - First Name - Middle Name) of the DD Form 214 he was issued shows his first name is spelled as Juxx.
5. His reconstructed record contains a Certification of Military Service issued by the NPRC on 4 August 2000 wherein it shows the FSM's first name is spelled as Ivxx.
6. The applicant provides the FSM's birth certificate, death certificate, and a certificate of marriage that all show his first name is spelled as Ivxx.
DISCUSSION AND CONCLUSIONS:
It appears the FSM's first name was spelled as Ivxx upon his induction into the AUS as evidenced by the Certification of Military Service issued by the NPRC. It is reasonable to presume an error may have occurred during the preparation of his DD Form 214 and his first name was inadvertently spelled as Juxx. Therefore, it would be appropriate to correct his DD Form 214 to show his first name as Ivxx.
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 in item 1 of the FSM's DD Form 214 and replacing it with the first name as shown on the Certification of Military Service, dated 4 August 2000.
_______ _ _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) AR20140002190
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ABCMR Record of Proceedings (cont) AR20140002190
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