IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140007841
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 his first name be corrected to Erwin on his
DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of separation of 19 February 1953.
2. The applicant states his first name on his DD Form 214 is incorrectly shown as Edwin.
3. The applicant provides:
* DD Form 214
* Tennessee driver's license issued on 15 July 1992
* Tennessee driver's license issued on 9 January 2014
* a letter, dated 6 October 2011, from the Office of the Nassau County Clerk, Mineola, NY
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 applicants service personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973. The records provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.
3. On 20 February 1951, he was inducted into the Army of the United States.
4. A list of names and service numbers was received from the National Personnel Records Center, St. Louis, MO. The applicant's service number, as shown on his DD Form 214, and his name are shown on this list. His first name is shown as Erwin. Listed with each name are what appear to be order number 50-34 and the date 20 February 1951.
5. On 19 February 1953, he was honorably released from active duty. His DD Form 214 shows his first name as Edwin.
6. Headquarters, Fort McPherson, Fort McPherson, GA Special Orders Number 34, dated 18 February 1953, separated him from active duty. These orders show his first name as Edwin.
7. The two driver's licenses he provided show his first name as Erwin.
8. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form was complete and accurate and reflected the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The list of inductees appears to be a part of an official document listing individuals inducted on 20 February 1951. The names as they appear on this list would have been taken from induction documents. The applicant's name and service number appear on this list and his first name is shown as Erwin.
2. Both his DD Form 214 and his separation orders show his first name as Edwin. Because both of these documents would have been typed at approximately the same time, it is not unreasonable to conclude that a typographical error in his first name occurring on one document would also occur on the other.
3. In view of the above, there is sufficient evidence to correct his first name on his DD Form 214 to Erwin.
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 item 1 (Last Name-First Name-Middle Name) of his DD Form 214 with an effective date of separation by deleting "Edwin" and adding "Erwin."
___________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) AR20140007841
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140007841
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110005516
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the proper spelling of his first name and the correct next-to-the-last digit in his Social Security Account Number (SSAN). His DD Form 47 (Record of Induction) shows his first name as Ernest and that he had no middle name. His DD Form 214 does not show a middle name.
ARMY | BCMR | CY2011 | 20110014321
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his first name as "Alvin" instead of "Albin." Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. Although there are limited records, sufficient evidence shows his first name as "Alvin."
ARMY | BCMR | CY2005 | 20050002894C070206
Della R. Trimble | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Without the applicant’s medical records, or other form of evidence, it is not possible to determine if his DD Form 214 is in error. As a result, the Board recommends that the individual’s DD Form 214 dated 1 July 1953 be corrected to show his middle name as “Dorne.” 2.
ARMY | BCMR | CY2010 | 20100021210
The applicant requests correction of his military service records and his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 April 1999 to change her first name and middle name to Daphne Amber instead of David Wayne. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of...
ARMY | BCMR | CY2014 | 20140008045
The applicant states, in effect: * the FSM received an undesirable discharge without due consideration for his apparent documented traumatic brain injuries (TBI) * the FSMs records indicates he received numerous blows to the head * the science of TBI was not really understood by the FSM or the U.S. Army and no one should be held accountable for this lack of knowledge * the FSMs records indicates he had 16 months continuous service toward the Good Conduct Medal at the time of discharge on 1...
ARMY | BCMR | CY2014 | 20140008897
The applicant states his first name is incorrectly listed in his military record and it should be corrected to show Tamas instead of Tomas. The applicant's military records are not available to the Board for review. Accordingly, despite the different first name listings shown on the medical record documents contained in his NPRC file, there is no basis to change the applicant's record to list the name he now claims is correct.
ARMY | BCMR | CY2014 | 20140010038
IN THE CASE OF: BOARD DATE: 27 January 2015 DOCKET NUMBER: AR20140010038 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. While the applicant's desire to change his DD Form 214 to show his name as shown on his birth certificate is understood, the available evidence shows he entered, served, and was separated from active duty under the name shown on his DD Form 214 and all other documents in his OMPF. ABCMR Record of Proceedings (cont) AR20140010038 3 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2013 | 20130020463.
The applicant requests correction of his date of birth (DOB) in item 10 (DOB) of his DD Form 214 (Report of Separation from the Armed Forces of the United States). The applicant's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 10 of his DD Form 214the current entry and replacing it with the DOB as shown on his birth certificate.
ARMY | BCMR | CY2013 | 20130006519
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 18 November 1952 as follows: * item 10 (Date of Birth (DOB)) to show his year of birth as 1930 vice 1950 * item 14 (Selective Service Local Board Number (City, County, State)) to show the spelling of the county as Natrona vice Netrona 2. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR...
ARMY | BCMR | CY2011 | 20110017060
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her home of record as Texas. ABCMR Record of Proceedings (cont) AR20110017060 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110017060 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1