Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140021671
Original file (20140021671 .txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20140021671 


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 the Armed Forces of the United States) be corrected to show his first name as “Joseph”.

2.  The applicant states that his DD Form 214 incorrectly reflects his first name as “John,” which is his father’s first name. 

3.  The applicant provides copies of his DD Form 214 and birth certificate.

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's original military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  The applicant was inducted on 1 November 1951.  He completed his training and served until he was honorably released from active duty (REFRAD) at Fort Sheridan, Illinois, on 3 October 1953 as an overseas returnee.  

4.  His DD Form 214 issued at the time of his REFRAD shows in block 1 that his first name is “John.”  However, block 48 (Signature of Person Being Separated) shows his first name as “Joseph.”

5.  The birth certificate provided by the applicant shows his first names as “Joseph” and his father’s first name as “John.” 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to show his first names as “Joseph” has been noted and found to have merit.

2.  It appears that an administrative error occurred during the preparation of the DD Form 214 and his father’s name was entered in block 1 as “John.”  However, at the bottom of the DD Form 214 in block 48, it clearly shows that the first name of the person being separated was “Joseph.”

3.  Accordingly, his DD Form 214 should be corrected to show his first name as “Joseph” in block 1 of his DD Form 214.

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 in block 1 of his DD Form 214 that his first name is “Joseph” instead of “John.”




      _______ _   _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)                                         AR20140021671





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021671



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2006 | 20060011018C071029

    Original file (20060011018C071029.doc) Auto-classification: Approved

    The applicant requests, in effect, that her deceased father, a former service member (FSM), be awarded the World War I Victory Medal. The applicant’s military records are not available to the Board for review. However, this case will be considered using reconstructed records consisting of the FSM's discharge documents.

  • ARMY | BCMR | CY2005 | 20050005717C070206

    Original file (20050005717C070206.doc) Auto-classification: Denied

    The applicant requests, in effect, that the records of his deceased father, a former service member (FSM), be corrected by awarding the FSM all overseas awards and decorations; by amending the race entry pertaining to the FSM in Special Orders, dated 15 January 1953; by recognizing the pain and suffering of the FSM based on injuries and treatment for Tuberculosis he received while on active duty; by amending the FSM’s separation document (DD Form 214) to remove the 33 days of time lost...

  • ARMY | BCMR | CY2010 | 20100028591

    Original file (20100028591.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant states, in effect, that he had his name changed through naturalization while in the Army and when he was released from active duty (REFRAD) his DD Form 214 was prepared to reflect a first name of “Johan” instead of “John.” Accordingly, he desires the clerical error corrected so that it does not interfere with any benefits. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2004 | 2004101821C070208

    Original file (2004101821C070208.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 September 2004 DOCKET NUMBER: AR2004101821 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. This case is being considered using reconstructed records that primarily consist of the applicant’s DD Form 214 and the Honorable Discharge Certificate provided by the applicant. Although the specific facts and...

  • ARMY | BCMR | CY2010 | 20100023876

    Original file (20100023876.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect completion of the Air Assault Course and that block 19b be changed to reflect that his nearest relative is his father (Lloyd D.) instead of his uncle (John C.). While he offers no explanation for the change at this time, he named his uncle/loco-parentis as his nearest relative at the time his DD Form 214 was prepared. As a result, the Board recommends that all...

  • ARMY | BCMR | CY2005 | 20050016195C070206

    Original file (20050016195C070206.doc) Auto-classification: Denied

    The applicant’s military records are not available to the Board for review. The applicant's separation document shows that he entered active duty as a commissioned officer on 16 October 1942. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.

  • ARMY | DRB | CY2005 | 20050009968

    Original file (20050009968.doc) Auto-classification: Denied

    The applicant’s military records are not available to the Board for review. The applicant's DD Form 214 confirms he was separated with an UD, under the provisions of Army Regulation 615-368, by reason of unfitness, on 8 April 1953. There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

  • ARMY | BCMR | CY2012 | 20120024627

    Original file (20120024627.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 his correct Social Security Number (SSN), Date of Birth (DOB) and the date of his release from active duty (REFRAD). At the time of his induction, his SSN was recorded in his records as having the last four digits of “7820” and his DOB was recorded as 19 August. His records show the last four of his SSN as “7820” and were incorrectly reflected as “7280,”...

  • ARMY | BCMR | CY2014 | 20140019948

    Original file (20140019948.txt) Auto-classification: Denied

    The applicant, the son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Discharge) to show his father was separated from active duty in the rank of corporal versus private first class (PFC). The FSM's military records are not available to the Board for review. ______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board...

  • ARMY | BCMR | CY2004 | 2004101800C070208

    Original file (2004101800C070208.doc) Auto-classification: Approved

    Melvin H. Meyer | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that the first name recorded on his military records be corrected. The applicant’s military records are not available to the Board for review.