IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140006851
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) and DD Form 256A (Honorable Discharge) to show his middle name as "Willis."
2. The applicant states his middle name on these documents is missing an "i." He is 82 years old. When his family applies for a bronze plate for his grave the spelling of his name will be taken from his DD Form 214 and he wants his name spelled correctly.
3. The applicant provides:
* DD Form 214
* DD Form 256A
* Separation Center, 5015th Army Service Unit Station Complement, Special Orders Number 21
* 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'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 in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows on 5 September 1950 he was called from inactive duty to active duty.
4. His DD Form 214 shows he was discharged from the National Guard of the United States on 11 September 1951 due to expiration term of service in the temporary rank of sergeant first class. He had completed 1 year and 6 days of active duty in addition to 2 years, 11 months, and 24 days of inactive duty.
5. His DD Form 214 and DD Form 256A show his middle name as "Wills."
6. A National Guard Bureau (NGB) Form 55 (Honorable Discharge Certificate) contained in his reconstructed record shows his middle name as "Willis."
7. He provides a copy of a Certification of Birth showing his middle name as "Willis."
DISCUSSION AND CONCLUSIONS:
1. His DD Form 214 and DD Form 256A show his middle name as "Wills."
2. An NGB Form 55 shows his middle name as "Willis." He provides a copy of a Certificate of Birth that shows his middle name as "Willis."
3. It appears his middle name was incorrectly entered on his DD Form 214 and DD Form 256A. Therefore, it would be appropriate to correct his records as shown below.
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 and issuing him a new DD Form 256A to show the spelling of his middle name as that shown on his Certification of Birth that he submitted.
_______ _ 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) AR20140006851
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ABCMR Record of Proceedings (cont) AR20140006851
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