IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150003070
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show no middle name or initial.
2. The applicant states, in effect, he has no middle name or initial and his birth certificate clearly depicts that. He wants to maintain consistency between his DD Form 214 and his birth certificate to prevent any future complications for his heirs following his death.
3. The applicant provides a certified copy of his DD Form 214 and a copy of his San Diego Department of Public Health Certificate of Live 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 23 March 1971.
3. His records contain the following documents that show he has no middle name or initial. He authenticated these documents and others, when required by the form, attesting to the correctness of the spelling of his name. In each instance, his signature does not include a middle name or initial.
* DD Form 398 (Statement of Personal History), dated 23 March 1971
* DA Form 428 (Application for Identification Card), dated 29 March 1971
* DA Form 20 (Enlisted Qualification Record), date of audit 12 May 1972
* Department of Veterans Affairs (VA) Form 29-8286 (Servicemen's Group Life Insurance Election), dated 12 May 1972
4. He was honorably released from active duty on 22 March 1973 and transferred to the U.S. Army Reserve. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his middle name as the initial "F."
5. He provides a certified copy of his San Diego Department of Public Health Certificate of Live Birth, which shows he has no middle name or initial.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correct of his DD Form 214 to show no middle name or initial was carefully considered and appears to have merit.
2. It appears that an administrative error was made when recording the applicant's name of his DD Form 214. He provides a certified certificate of birth that shows no middle name or initial and almost all his documents in his record contains no middle name or initial.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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
deleting from item 1 of his DD Form 214 the initial "F" consistent with his certificate of live birth.
___________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) AR20140013353
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150003070
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110017267
The applicant requests correction of the middle name shown in his official military personnel file (OMPF) from Hxxxxxxxx to Axxxxxx, as reflected on his Social Security Card and Certificate of Live Birth. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. There are no documents contained in his official military record showing Axxxxxx...
ARMY | BCMR | CY2015 | 20150000747
His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows his POB as San Diego, Texas. He provided his birth certificate which shows his POB as San Diego, Texas. ____________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 | CY2008 | 20080009481
Item 1 (Name) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows his middle name as Lxxe and Item 5 (Date of Birth) shows his DOB as 1 May 1970. The applicant authenticated this form by placing his signature in Item 21 (Signature of Member Being Separated) using his first name, middle initial L, and his last name. The applicant requests that his DD Form 214 be corrected to show his middle name as Elxxxe" and his DOB as 1 May...
ARMY | BCMR | CY2011 | 20110006608
Application for correction of military records (with supporting documents provided, if any). Item 5 (Last Name, Middle Name, Middle Name) of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 10 September 1969, erroneously shows his name as P______ Rodney G____________. His Official Military Personnel File (OMPF) contains the below enlisted documents that show his name as P______ Roddy G____________: * DD Form 369 (Police Record Check), dated 23...
ARMY | BCMR | CY2010 | 20100011542
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 7b (Home of Record (HOR) at Time of Entry) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show an address in Midland, TX instead of an address in San Diego, CA. The applicant states although she was in San Diego at the time of her enlistment in the Army it was not her HOR.
ARMY | BCMR | CY2007 | 20070017967
The applicant requests, in effect, that his birth date be changed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 13 November 1967. The applicant completed a DD Form 398 (Statement of Personal History) on 5 June 1962 and reported his date of birth as 27 May 1928. While it may be true that his mother abandoned him and his sister in 1941, at the time of his enlistment, he was living in Dayton, OH and reported his mother's...
ARMY | BCMR | CY2013 | 20130015924
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to correct his name, social security number, dates of enlistment and discharge, date of birth (DOB), and place of birth. The applicant's records show he enlisted in the Regular Army on 31 July 1972. While the applicant's desire to change his military records is understood, all of the documents in the applicant's record show he used the following when he enlisted and when he served in an active duty...
ARMY | BCMR | CY2012 | 20120008382
However, these documents are insufficient to change his first and middle name on his DD Form 214. He has not shown the Army's records are in error as all official documents contained in his available military personnel service and medical records show he served under the first and last name as "Thomas Daniel." ___________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 | CY2010 | 20100016419
The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows the spelling of his middle name as "Allen." The evidence of record shows the applicant used the spelling of his middle name as "Allen" upon his enlistment in the Army. ____________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 | CY2010 | 20100008979
The applicant requests that his military records be corrected to show his last name spelled G__B_Y instead of G__V_Y. The applicant states his last name is spelled G__B_Y on his birth certificate. ___________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.