IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140015946
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, the mother of the deceased former service member (FSM), requests, in effect, correction of the FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her name as indicated on her birth certificate.
2. The applicant states the FSM's name is incorrect on her DD Form 214.
3. The applicant provides copies of the FSM's:
* New York State birth certificate
* Yellowstone County Certificate of Death, issued 28 July 2014
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. A letter from the Adjutant General, Fort Bragg, North Carolina, dated 23 July 1986, announced the FSM's appointment as a Reserve Commissioned Officer of the Army. Her name is shown as indicated on both the birth certificate and death certificate submitted by the applicant.
3. A DD Form 214 for the period ending on 26 January 1988 shows the FSM's name differently from that used when appointed a commissioned officer of the Army.
4. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It further required a comparison of the Soldier's Officer Record Brief with contract to verify the individual's correct name.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the FSM's name, as shown on her DD Form 214, is incorrect.
2. A review of the FSM's military records revealed that she was appointed as a commissioned officer using the name shown on both her birth and death certificates. However, her DD Form 214 shows a slightly different name from that under which she was appointed.
3. In view of the above, it would be appropriate to correct the FSM's DD Form 214 to show her name as indicated in her appointment letter.
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 FSM concerned be corrected by showing on her DD Form 214 the same name as used on her appointment letter.
__________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) AR20140015946
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ABCMR Record of Proceedings (cont) AR20140015946
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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