IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140020804
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, correction of his DD Form 214 (Report of Separation from Active Duty) by showing after his name a "JR" vice "III."
2. The applicant states that this mistake occurred at his birth. His father was a "SR."
3. The applicant provides copies of:
* DD Form 214
* Father's Death Certificate issued 19 August 1991
* Department of Veterans Affairs (VA) Healthcare Enrollee Card
* State of Florida Driver License, issued 16 January 2009
* Social Security Card
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 16 March 1976, the applicant enlisted in the U.S. Army Reserve using a name that showed he was the "III." On 17 August 1976, he enlisted in the Regular Army using the same name, to include the "III" designation.
3. A review of the applicant's military records revealed that every document contained therein requiring an entry of his complete name included the "III" designation.
4. On 16 August 1979, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 shows his full name including the "III" designator.
5. The documents provided by the applicant show that his grandfather had a slightly different name. The applicant has the same name as his father, who had a "SR" designation.
6. Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents, including the
DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The
DD Form 214 is not intended to have any legal effect on the termination of a Soldier's service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected by showing after his name a "JR" vice "III."
2. The available evidence clearly shows the applicant consistently used "III" with his name while in the military service.
3. For historical purposes the Army has an interest in maintaining the integrity of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. The applicant is advised that a copy of this decisional document along with his application will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record.
5. In view of the foregoing, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20070016793
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140020804
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100018032
), the entry "D----, Charles Leon"; b. section III (Verification of Personal Data), block 23 (If Preferred Enlistment Name (name given in block 1) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by state law, complete the following:) a. The evidence of record shows that upon entry in the U.S. Armed Forces the applicant reported the name "Charlie P---" was recorded on his birth certificate; however, he preferred to use the name "Charles...
ARMY | BCMR | CY2013 | 20130015049
The applicant requests, in effect, correction of item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to list his full name as Hxxxx Cxxxxxxx Gxxxxx II vice Hxxxx Cxxxxxxx Gxxxxx Jr. 2. The evidence of record shows the applicant used the suffix "Jr" with his name during his periods of service in the AUS and USAR. Therefore, his military records and DD Form 214 are correct as currently constituted.
ARMY | BCMR | CY2014 | 20140011358
The applicant requests correction of his military service records to show his birth name. A DA Form 3284-R (Applicant's Statement of Name Change), dated 4 March 1974, shows in: * item 1 (Name as Recorded on Birth Certificate): ""B____, M____ C____" * item 5 (Name You Prefer to Use): "I____, M____ C____" * he signed the document with the name "M____ C. I____" 4. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and...
ARMY | BCMR | CY2013 | 20130005902
In connection with his enlistment, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his name as "Kxxxxxx Duane Xxxxx, Jr." His father's name is listed as "Kxxxxxx D. Xxxxx, Sr." The applicant authenticated this form by placing his signature in the appropriate block. Nevertheless, based on the evidence of record and the evidence provided by the applicant, it would be appropriate at this time to correct his DD Forms 214 for the periods of service ending...
ARMY | BCMR | CY2011 | 20110005294
Application for correction of military records (with supporting documents provided, if any). Evidence of record shows that at the time the applicant was separated from the Army on 11 November 1976, his name was Ir---- G------ Rocca. _______ _ __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 | CY2013 | 20130004825
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. There is no documentary evidence showing a recruiter insisted that he use a name other than the name he claims is his birth and legal name. _______ _ 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...
ARMY | BCMR | CY2015 | 20150004008
The applicant requests correction of his records to show his name as Oscar (no middle initial (NMI)) G____. The applicant's birth certificate shows his name as Oscar G____ R____. The form shows the applicant's mother's maiden name as his "English" surname with his father's surname being used as a middle name, R____, Oscar G____.
ARMY | BCMR | CY2014 | 20140003076
Application for correction of military records (with supporting documents provided, if any). This document was certified by the applicant on 19 April 1976 and recertified by the applicant on 1 June 1976 and it shows in: a. section I (Personal Data), block 1 (Name - Last, First, Middle), his last name as "V---i--;" b. section III (Verification of Personal Data), item 23 (If Preferred Enlistment Name (name given in block 1) is not the same as on your birth certificate and has not been changed...
ARMY | BCMR | CY2013 | 20130016887
The applicant provides copies of the following: * Self-authored statement * Judgment of Change of Name * DD Form 214 (Report of Separation from Active Duty) * Social Security Number Card * Louisiana Drivers License CONSIDERATION OF EVIDENCE: 1. The military documents that are on file in his Army Military Human Resource Record, formerly known as the official military personnel file, shows he served and was released from the Army under the name shown on his DD Form 214. There is no evidence...
ARMY | BCMR | CY2009 | 20090002247
Application for correction of military records (with supporting documents provided, if any). Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the document provided by the applicant is insufficient to warrant a change to the name recorded in her military service records and on her discharge document. In this regard, the evidence of record shows that the applicants military...