BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140005797
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 to the spelling of his first name shown on his DD Form 214 (Report of Separation from Active Duty).
2. The applicant states item 1 (Last Name First Name Middle Name) of his DD Form 214 reflects his first name is Norberio, but the correct spelling of his first name is Norberto.
3. The applicant provides his 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. On 26 September 1972, the applicant was inducted into the U.S. Army.
3. The following documents in the applicant's record reflect his first name is Norberto:
* DD Form 47 (Record of Induction)
* DD Form 1584 (National Agency Check Request)
* Headquarters, United States Army, Europe and Seventh Army Special Orders Number 198
* Office of the Adjutant General, Reserve Components Personnel and Administration Center Orders Number 08-1083785
4. On 17 September 1974, he was honorably released from active duty. His DD Form 214 reflects his first name is Norberio.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 47, DD Form 1584, and various orders reflect he was inducted and served in the Army with the first name Norberto.
2. The evidence indicates an administrative error occurred during the recording of the first name listed on his DD Form 214. As such, it would be appropriate to correct the error 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 first name is Norberto as shown on his DD Form 47.
__________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) AR20140005797
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140005797
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140019072
He also requests the issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to update his military records. The applicant states his last name was incorrectly spelled on his DD Form 214. Prior to his induction in the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History), wherein he listed "Gxxxexxx" as the spelling of his last name and he authenticated this form with his signature using the...
ARMY | BCMR | CY2012 | 20120004983
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's military record shows he served in the Army 2 years with the spelling of his middle name as "Lewxx." ABCMR Record of Proceedings (cont) AR20120004983 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120004983 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2011 | 20110021005
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) in: * Block 1 Name * Block 2 Social Security Number (SSN) 2. His DD Form 47 (Record of Induction) shows his last name as N****E*.
ARMY | BCMR | CY2010 | 20100018654
Application for correction of military records (with supporting documents provided, if any). Therefore, it would be appropriate at this time to correct this error by correcting item 1 of his DD Form 214 to show his last name spelled as Hillier. 2. Therefore, it would be appropriate at this time to correct item 11d of his DD Form 214 to show he was REFRAD effective 1 September 1968.
ARMY | BCMR | CY2011 | 20110007904
There is no evidence in the FSM's OMPF showing he recorded his DOB as 17 January 1942 or 6 July 1947. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the FSM's DD Form 214 to show the spelling of his first name as shown on his Record of Induction. As a result, the Board recommends denial of so much of the application that pertains to correcting the FSM's DD Form 214 to show his DOB as 17 January 1942.
ARMY | BCMR | CY2012 | 20120022215
Several documents in his service record listed his first name as "Douglas," his middle name as "Macarthur," and his year of birth as 1945: * DD Form 1584 (National Agency Check Request) * DA Form 41 (Record of Emergency Data) * Separation orders * Report of Medical Examination * Report of Medical History * Clinical records 6. The evidence of record shows the applicant used the first name "Douglas," the middle name "Macarthur," and the year of birth as 1945 upon his induction into the AUS. ...
ARMY | BCMR | CY2010 | 20100026064
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows that upon his induction, the applicant listed his name as "---ea- -ylea- Jr." This full name is consistent with the full name on the documents in his official military record throughout his service. 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 full name,...
ARMY | BCMR | CY2012 | 20120009756
The applicant requests correction of the name and date of birth (DOB) listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He states the correct information his DD Form 214 should be the name and DOB on his current drivers license which includes no middle name. The version in effect at the time of the applicant's discharge states the DA Form 20, along with all available documents in the official military personnel records, were the source records...
ARMY | BCMR | CY2011 | 20110024500
The applicant's complete military records are not available to the Board. His DD Form 214 for this period shows the spelling of his first name as "GERALD." Although the applicant requests correction of his DD Form 214 for the period ending 22 November 1965 to show the spelling of his first name as "GERARD," except for one document all other documents in his military service records show he served during this period using the spelling of his first name as "GERALD."
ARMY | BCMR | CY2011 | 20110005105
The evidence of record clearly shows the applicant entered, served, and was discharged under the same spelling of his first name as shown on his DD Form 214. ______________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) AR20110005105 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings...