IN THE CASE OF:
BOARD DATE: 21 May 2015
DOCKET NUMBER: AR20140017745
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, in effect, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his first name as Ernest instead of Earnest.
2. The applicant states, in effect, his given name is Ernest.
3. The applicant provides his DD Form 214 and record of birth.
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 into the Army of the United States on 3 March 1966. After 6 days of net active creditable service, he enlisted in the Regular Army on 9 March 1966. He completed initial training and was awarded military occupational specialty 63K (Heavy Equipment Repairman). The highest rank/grade held was specialist four/E-4.
3. He was honorably released from active duty on 7 March 1969. His DD Form 214 shows 2 years, 11 months, and 29 days of net active creditable service, with 6 days of other service. He served in Vietnam for 11 months and 27 days.
4. Most documents in his official military personnel file (OMPF) show the spelling of his first name as Earnest. However, all documents he completed by hand and most of those documents which he signed (to include his DD Form 398 (Statement of Personal History) show the spelling as Ernest. All his signatures are written as Ernest.
5. The applicant provides a record of birth which shows his first name as Ernest.
DISCUSSION AND CONCLUSIONS:
The applicant requests his DD Form 214 be amended to show his first name as Ernest instead of Earnest. A review of his OMPF reveals all available documents either completed and/or signed by the applicant state his first name as Ernest with the exception of his DD Form 214. An administrative error was clearly made and should be corrected.
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 to show the spelling of his first name as Ernest.
_______ _ __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) AR20140017745
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ABCMR Record of Proceedings (cont) AR20140017745
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