IN THE CASE OF:
BOARD DATE: 12 February 2015
DOCKET NUMBER: AR20140010243
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 256A (Honorable Discharge Certificate) to show the spelling of his first name as J__REY instead of J__ERY.
2. The applicant states he is proud of his honorable service. He recently noticed a typographical error in the spelling of his first name on his Honorable Discharge Certificate and would like to have the error corrected for insurance purposes.
3. The applicant provides:
* DD Form 256A
* birth certificate
* social security card
* DA Form 1380 (Record of Individual Performance of Reserve Duty Training)
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 DD Form 4 (Enlistment Contract Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve on 13 October 1968. The spelling of his first name on this document is shown as J__ERY.
3. Upon discharge from the U.S. Army Reserve on 1 October 1974, the applicant was issued a DD Form 256A which shows the spelling of his first name as J__ERY.
4. The applicant provided a copy of DA Form 1380 from his military records, dated 12 January 1969, which shows his first name spelled as J__REY. He also provided a copy of his birth certificate and social security card, both of which show his first name spelled as J__REY.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his Honorable Discharge Certificate to show the spelling of his first name as J__REY instead of J__ERY was carefully considered.
2. The applicant's DA Form 1380 from his military records supports his requested spelling of his first name as J__REY as shown on his birth certificate.
3. Therefore, he should be re-issued an Honorable Discharge Certificate showing the spelling of his first name as J__REY.
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 re-issuing him an Honorable Discharge Certificate showing the spelling of his first name as J__REY as shown on his birth certificate.
____________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) AR20140010243
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ABCMR Record of Proceedings (cont) AR20140010243
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