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 fathers 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 fathers first name as John.
DISCUSSION AND CONCLUSIONS:
1. The applicants 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 fathers 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
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ABCMR Record of Proceedings (cont) AR20140021671
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