IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140008260
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 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 3 August 1962, to show his first and middle names as F____ W____ instead of W____ F____.
2. The applicant states his full birth name is F____ W____ K____ as shown on his birth certificate and social security card. He did not realize that having a clerical error on his DD Form 214 would hinder the process of applying for various veterans' health care benefits.
3. The applicant provides copies of his DD Form 214, a certificate from the City of Cleveland, his social security card, and his State of Ohio Driver License.
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 20 March 1956, the applicant underwent a medical examination for the purpose of enlistment in the U.S. Army Reserve (USAR). The Standard Form 88 (Report of Medical Examination) shows his first and middle names as F____ W____.
3. He enlisted in the USAR on 28 March 1956. His DD Form 4 (Enlistment Record Armed Forces of the United States) shows his first and middle names as W____ F____.
4. He entered active duty as a member of the USAR on 2 November 1961. On 6 November 1961, he completed a DA Form 41 (Record of Emergency Data) in which he listed his first and middle names as F____ W____.
5. On 23 January 1962, he completed a DD Form 398 (Statement of Personal History), wherein he listed his first and middle names as F____ W____. Item 20 (Remarks) of the DD Form 398 includes a brief explanation of the discrepancies regarding his first and middle names in his military records.
6. He was released from active duty to the control of the USAR on 3 August 1962. His DD Form 214 shows his first and middle names as W____ F____.
7. A review of his Official Military Personnel File reveals that he listed his first and middle names as F____ W____ on certain documents and he also listed his first and middle names as W____ F____ on several other documents.
8. He provides a copy of a certificate from the City of Cleveland that certifies that a copy of his birth certificate is on file in the Bureau of Vital Statistics, Division of Health. This document shows his full name as F____ K____, with no middle initial. He also provides copies of his social security card and State of Ohio Driver License that show his full name as F____ W____ K____.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his first and middle names as F____ W____ instead of W____ F____ has been carefully considered.
2. On 6 November 1961, while serving on active duty, he completed a DA Form 41 and listed his first and middle names as F____ W____. On 23 January 1962, he completed a DD Form 398 on which he also listed his first and middle names as F____ W____.
3. Based on the foregoing evidence, it appears that an administrative error occurred during preparation of his DD Form 214 that resulted in his first and middle names being incorrectly listed. Therefore, his DD Form 214 should be corrected to show his first and middle names as F____ W____.
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 deleting the first and middle name entries currently shown on his DD Form 214 and replacing these entries with the first and middle names shown on his social security card.
___________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) AR20140008260
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140008260
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | AR20140008925
The applicant requests: a. an upgrade of his discharge under other than honorable conditions to general under honorable conditions, b. in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 August 1961 to show: * his service number (SN) as RA XX XXX 357 * his year of birth as 1936 * his social security number (SSN) as XXX-XX-5464 * his enlistment date as November 1954 c. correction of his 4th Army Form 135 (Judge...
ARMY | BCMR | CY2012 | 20120002016
IN THE CASE OF: BOARD DATE: 24 July 2012 DOCKET NUMBER: AR20120002016 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. _____________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) AR20120002016 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120002016 2 ARMY BOARD FOR...
ARMY | BCMR | CY2012 | 20120011045
ARMY | BCMR | CY2013 | 20130004440
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * spelling of his last name as "DUXXX" * his social security number (SSN) as "XXX-5X-XXXX" 2. A review of his records also shows the spelling of his last name as "DUXXX" appears on all documents to include the following forms: * DA Form 20 * DD Form 4 (Enlistment Record), dated 24 July 1967 * DD Form 398, dated 23 July 1967 * DD Form 1584, dated 1 August...
ARMY | BCMR | CY2001 | 2001058920C070421
The applicant’s military records show that he was inducted on 16 October 1956 and served on active duty through 19 August 1958, a period of 1 year, 9 months, and 25 days, plus 9 days lost time. On 27 March 1962, the applicant enlisted in the Regular Army and served continuously until retirement as a First Sergeant, pay grade E-8, on 31 July 1985, with 23 years, 4 months, and 5 days creditable active service. By letter dated 27 April 2001, the NPRC, Military Personnel Records, St. Louis,...
ARMY | BCMR | CY2012 | 20120008382
However, these documents are insufficient to change his first and middle name on his DD Form 214. He has not shown the Army's records are in error as all official documents contained in his available military personnel service and medical records show he served under the first and last name as "Thomas Daniel." ___________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.
ARMY | BCMR | CY2014 | 20140008119
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his middle name as Dwaine instead of Dewayne and his social security number (SSN) as XXX-XX-XX47 instead of XXX-XX-XX54. 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. The...
ARMY | BCMR | CY2011 | 20110023891
Application for correction of military records (with supporting documents provided, if any). His DD Form 47 (Induction Record) does not list an SSN. The evidence of record confirms the applicant provided his correct SSN containing the number "5" as the eighth digit at the time of his induction and it was recorded in several documents and orders throughout his military service.
ARMY | BCMR | CY2012 | 20120011368
ARMY | BCMR | CY2003 | 2003083675C070212
The applicant requests that the Report of Transfer or Discharge (DD Form 214) be corrected to show his correct middle name; date of birth (DOB) and social security number (SSN). The applicant’s military records show that on 4 February 1966, prior to his enlistment, he completed a Statement of Personal History (DD Form 398) showing his middle name, his DOB and his SSN as reflected on his Certification of Birth and his social security card. This Board is unsure as to why the applicant when...