IN THE CASE OF:
BOARD DATE: 5 May 2015
DOCKET NUMBER: AR20140016659
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) to show his correct last name.
2. The applicant states his DD Form 214 should be corrected to show his last name as "de RxxxxMONY" (sic) (should read "de RxxxxMONT") instead of "de RxxxxMENT."
3. The applicant provides:
* DD Form 214
* Massachusetts State Driver's 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 8 May 1968, the applicant was inducted into the Army of the United States. His DD Form 47 (Record of Induction) list the last name that he claims is correct as "de RxxxxMONT."
3. The DD Form 398 (Statement of Personal History) prepared during the applicants induction processing and the DA Form 20 (Enlisted Qualification Record) prepared upon his entry on active duty both list the last name he claims is correct. All documents contained in his Official Military Personnel File (OMPF) list the same last name he claims is correct.
4. The applicant was honorably released from active duty in the rank of specialist four/E-4 on 7 May 1970. The DD Form 214 issued him at that time lists his last name as "de RxxxxMONT."
5. He provides a copy of his Massachusetts State driver's license that lists the name he also claims is correct as de RxxxxMONT.
6. On 28 April 2015, a staff member of the Board contacted the applicant to ascertain the correct spelling of his last name. He stated the correct spelling of his last name is "de RxxxxMENT" vice the incorrect listing on his DD Form 149.
7. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The applicant contends his DD Form 214 should be corrected to show his correct last name. The evidence of record shows the applicant was inducted and served on active duty under the name that he states is correct. He continuously listed and signed this name "deRxxxxMONT" throughout his military service. Therefore, it would be appropriate to correct his DD Form 214 accordingly at this time.
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 his DD Form 214 by deleting the current entry in item 1 and replacing his last name as it is listed on his DA Form 20; and issuing him a corrected document to reflect this change.
____________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) AR20140016659
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140016659
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140009373
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name is spelled "Xxxxxguez" instead of "Xxxxxquez." His records contain the following documents showing his last name is spelled "Xxxxxguez": * DD Form 398 (Statement of Personal History) * DD Form 47 (Record of Induction), dated 10 December 1965 * Special Orders Number 113, dated 10 December 1965 * DA Form 41 (Record of Emergency Data), dated 25 August 1966 * DA Form...
ARMY | BCMR | CY2011 | 20110022042
Application for correction of military records (with supporting documents provided, if any). The DD Form 398 (Statement of Personal History) completed upon the applicant's entry in the service shows his last name and first name as shown on his DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552). DISCUSSION AND CONCLUSIONS: The available evidence shows the applicant's name was incorrectly entered on his DD Form 214.
ARMY | BCMR | CY2014 | 20140020414
Application for correction of military records (with supporting documents provided, if any). His DD Form 47 (Record of Induction) shows his last name spelled as P__nri. Based on the evidence of record and the evidence provided by the applicant, it would be appropriate to correct his DD Form 214 at this time to show his last name spelled as shown on his DD Form 398.
ARMY | BCMR | CY2013 | 20130004210
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct spelling of his last name. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 1 of his DD Form 214 the current last name entry and replacing it with the last name as shown on...
ARMY | BCMR | CY2011 | 20110013947
ARMY | BCMR | CY2010 | 20100010568
Application for correction of military records (with supporting documents provided, if any). Other documents prepared during his induction processing, including a DD Form 98 (Armed Forces Security Questionnaire), DD Form 369 (Police Records Check), and DD Form 398 (Statement of Personal History), all list his middle name as he now claims is correct minus the letter a in the eighth character. As a result, the Board recommends that all Department of the Army records of the individual...
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 | CY2014 | 20140010091
The applicant requests correction of his records to show his middle name spelled as "B___" instead of "R___." His DD Form 47 (Record of Induction) lists his middle name as he requests, "B___." _______ _ 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 | 20140020855
The applicant requests correction of his two DD Forms 214 (Report of Separation from Active Duty) to show his middle initial "W" instead of his full middle name as "Wxxxxxx." The applicant contends his DD Form 214 should be corrected to show his middle name as "W." However, the evidence of record confirms that during his initial induction and his enlistment processing, he recorded his full middle name as "Wxxxxxxx." ___________X__________ CHAIRPERSON I certify that herein is recorded the...
ARMY | BCMR | CY2012 | 20120009328
Application for correction of military records (with supporting documents provided, if any). _______ _ 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) AR20120009328 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120009328 2 ARMY BOARD FOR CORRECTION OF MILITARY...