IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140009266
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his first name as Jesus.
2. The applicant states he desires his DD Form 214 to be corrected to reflect his first name of JESUS instead of JESSE. A clerical error was made at the time of his service, and his Naturalization Certificate shows his correct first name as does his birth certificate and Social Security Card.
3. The applicant provides copies of his Certificate of Naturalization, Social Security Card, Drivers license, DD Form 214, and a birth certificate in Spanish.
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 was inducted in Las Vegas, Nevada using the first name of Jesse on 26 March 1968. He signed all of the documents in his records using that first name.
3. On 16 March 1970, he was honorably released from active duty (REFRAD). His DD Form 214 reflects the name he served his entire period of service under (Jesse).
5. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants records reflect the name in which he served under at the time he was REFRAD and his DD Form 214 correctly reflects that information. He subsequently decided to use his legal first name after his REFRAD. Accordingly, there is no error or injustice in his case.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now change his name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application will be filed in his official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the name recorded in his military record and to satisfy his desire to have his current name documented in his official records. Accordingly, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20140009266
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140009266
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130005275
The applicant's Military Personnel Records Jacket (MPRJ) contains a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 1 February 1980, that corrects his SSN on his DD Form 214 to show the third digit of his SSN as a "4." The applicant's first name is recorded as "Jesse" throughout his military records. ABCMR Record of Proceedings (cont) AR20130005275 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of...
ARMY | BCMR | CY2014 | 20140007355
ARMY | BCMR | CY2013 | 20130010233
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 August 1970 to show his: * first name as Jesse * social security number (SSN) as XXX-XX-XXX7 instead of XXX-XX-XXX9 2. The applicant provides: * DD Form 214 * copy of Certificate of Birth card * copy of Social Security card CONSIDERATION OF EVIDENCE: 1. _______ _ X ______ ___ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2006 | 20060005061C070205
The applicant’s military service records contain a DD Form 214, with an effective date of 28 April 1968. The applicant provides a Standard Certificate of Birth that shows the name J____ G_______ and requests correction of his military records to remove the middle name/initial from his military service records. Therefore, considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the...
ARMY | BCMR | CY2014 | 20140010741
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 applicant's DD Form 47 (Record of Induction), dated 3 January 1968, shows: * his first name as R__Y__ND * his SSN as XXX-XX-9733 * his DOB as 5 December 1947 3. Although the birth certificate provided by the applicant shows his first...
ARMY | BCMR | CY2013 | 20130007040
Application for correction of military records (with supporting documents provided, if any). 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. His DD Form 398, induction record, and service personnel records show the first name Jessy and middle name Larry.
ARMY | BCMR | CY2013 | 20130000727
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the first three digits of his Social Security Number (SSN) is 466 instead of 499. 2. A review of his records shows that all of the documents contained in his records, to include those completed by the applicant, contain the SSN that is reflected on his DD Form 214. At the time the applicant enlisted he provided the SSN that is reflected on his DD Form 214 and all...
ARMY | BCMR | CY2011 | 20110019716
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant provided an SSN with the last four digits of "3512" at the time of enlistment in 1981 and he served under that SSN for his entire period of service. The applicant is advised that a copy of this decisional document which confirms his current SSN will be filed in his official military personnel file (OMPF).
ARMY | BCMR | CY2010 | 20100023029
On 1 December 1983, he submitted a request to the National Personnel Records Center in St. Louis, Missouri requesting a copy of his DD Form 214 for employment purposes and he indicated that his SSN was 262-XX-XXXX. 5. The evidence of record shows the applicant enlisted, served, and was honorably REFRAD under SSN 262-XX-XXXX. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his current SSN,...
ARMY | BCMR | CY2010 | 20100017828