Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140016736
Original file (20140016736.txt) Auto-classification: Approved

		IN THE CASE OF:	   

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016736 


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 (Report of Separation from Active Duty) be corrected to show the spelling of his first name as "Jonathan."

2.  The applicant states that his DD Form 214 incorrectly shows the spelling of his first name as "Janathan" instead of "Jonathan."

3.  The applicant provides copies of his birth certificate and 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.  The applicant was inducted on 19 September 1972 using the first name of "Jonathan."  All of his records were prepared accordingly.

3.  He completed his basic training at Fort Ord, California and his advanced individual training as a military policeman at Fort Gordon, Georgia and remained at Fort Gordon for the remainder of his service using the first name of "Jonathan."

4.  On 18 September 1974, he was honorably released from active duty (REFRAD) due to completion of required service.  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows his first name spelled as "Janathan." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted and served his entire period of service using the first name of "Jonathan."  However, at the time of his REFRAD his DD Form 214 was incorrectly prepared to reflect a first name of "Janathan." 

2.  Accordingly, his DD Form 214 should be corrected to show the spelling of his first name as "Jonathan" instead of "Janathan."

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 showing on his DD Form 214 that his first name is "Jonathan."



      _______ _   _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)                                         AR20140016736





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016736



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140013706

    Original file (20140013706.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show his awards of the Bronze Star Medal (BSM) and Silver Star and that his discharge certificate be corrected to show he was inducted in March instead of May and his last name corrected on his Certificate of Service. He had served 1 year, 9 months and 4 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Korean...

  • ARMY | BCMR | CY2010 | 20100018654

    Original file (20100018654.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Therefore, it would be appropriate at this time to correct this error by correcting item 1 of his DD Form 214 to show his last name spelled as “Hillier.” 2. Therefore, it would be appropriate at this time to correct item 11d of his DD Form 214 to show he was REFRAD effective 1 September 1968.

  • ARMY | BCMR | CY2010 | 20100017828

    Original file (20100017828.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2011 | 20110006098

    Original file (20110006098.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the second digit of his social security number (SSN) as "5" instead of "6." The applicant states his DD Form 214 incorrectly reflects the second digit of his SSN as "6" instead of "5." A review of his records shows that only two documents are contained in his official records (other than the DD Form 214) that contain the applicant's SSN, the DA Form 3027...

  • ARMY | BCMR | CY2010 | 20100019107

    Original file (20100019107.txt) Auto-classification: Approved

    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 first name as “Murrell” and that the suffix of “Jr.” be added to his name. The applicant states that his DD Form 214 incorrectly reflects his first name as “Murrall” instead of “Murrell” and it does not contain the suffix “Jr.” His Honorable Discharge Certificate from the U.S. Army Reserve (USAR), issued on 1 January 1974, also does not contain...

  • ARMY | BCMR | CY2015 | 20150000478

    Original file (20150000478.txt) Auto-classification: Denied

    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. The applicant now provides a copy of his birth certificate showing the spelling of his first name as “Carrel.” 5.

  • ARMY | BCMR | CY2013 | 20130020761

    Original file (20130020761.txt) Auto-classification: Approved

    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 is spelled as “Malcolm” * that his rank and pay grade was staff sergeant (SSG)/E-6 * award of the Bronze Star Medal (BSM) with “V” Device 2. He had served 1 year, 7 months and 3 days of active service and the DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Campaign Medal,...

  • ARMY | BCMR | CY2013 | 20130019120

    Original file (20130019120.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his first name as Jonathan. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 29 July 2005, shows his first name is Jonathan.

  • ARMY | BCMR | CY2010 | 20100023859

    Original file (20100023859.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that his last name is spelled as “HOPPER” instead of “HOOPER” and that he be awarded the appropriate awards for his service in Vietnam and Southeast Asia. The applicant states, in effect, that his last name is incorrectly spelled on his DD Form 214 and his DD Form 214 does not reflect his service or awards for service in Vietnam or Southeast Asia. As a...

  • ARMY | BCMR | CY2013 | 20130019114

    Original file (20130019114.txt) Auto-classification: Denied

    The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect that his first name is spelled “Garry” instead of “Gary.” 2. A review of the applicant’s official records show he served his entire period of service using the name that is contained on his DD Form 214. While not prohibited, the applicant provided evidence (birth certificate) at the time he enlisted showing his first name was spelled “Garry”; however, he made it clear...