IN THE CASE OF:
BOARD DATE: 15 October 2015
DOCKET NUMBER: AR20150003155
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as "Jim" instead of "Jimmy."
2. The applicant states his first name is "Jim," not "Jimmy."
3. The applicant provides:
* Congressional correspondence
* DD Form 214
* personnel records extracts
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 complete military and medical records are not available to the Board 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. The case is being considered using the DD Form 214 and documents provided by the applicant and special orders contained in his records on file with the National Personnel Record Center.
3. The applicant enlisted in the Regular Army on 26 July 1955.
4. Headquarters, U.S. Army Artillery and Missile Center, Special Orders Number 164, dated 9 July 1958, released him from active duty effective 11 July 1958. His first name is shown as "Jimmy."
5. He was honorably released from active duty on 11 July 1958 and transferred to the U.S. Army Reserve (USAR).
6. His DD Form 214 shows:
* his first name as "Jimmy"
* he authenticated this form with his signature using the first name "Jimmy"
7. He provided the following personnel records extracts:
* Headquarters, VIII U.S. Army Corps, memorandum, dated 31 October 1961, subject: Discharge, releasing him from the USAR and showing his first name as "Jim"
* Headquarters, VIII U.S. Army Corps, Letter Order 110736, dated 23 November 1962, discharging him from the USAR and showing his first name as "Jimmy"
* Honorable Discharge Certificate, dated 31 October 1961, discharging him from the USAR and showing his first name as "Jim"
* Honorable Discharge Certificate, dated 30 November 1962, discharging him from the USAR and showing his first name as "Jimmy"
* birth certificate, dated 25 November 1958, showing his first name as "Jim"
* his birth certificate reissued on 23 January 1998 showing his first name as "Jim"
* Congressional correspondence showing he enlisted the aid of his Senatorial representative in correcting his records
8. Army Regulation 635-5 (Personnel Separations Administrative Separation Procedures and Forms), in effect at the time, stated the purpose of the DD Form 214 was to provide the individual with documentary evidence of active military service and to furnish a vital record for interested government agencies which assist the individual in obtaining the rights and benefits which may accrue to him as a result of such service. It further stated:
a. All available records would be used as a basis for preparation of a DD Form 214a (Worksheet), including the DA Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and court-martial orders, when appropriate.
b. After thorough comparison had been made between the entries on the DD Form 214a and those on the DD Form 214, the worksheet would be destroyed.
DISCUSSION AND CONCLUSIONS:
1. Although he authenticated his DD Form 214 and signed this form using the first name "Jimmy," the available evidence shows both the first name "Jim" and "Jimmy" were used during his military service.
2. Based on the evidence of record and the evidence provided by the applicant, it would be appropriate to correct his DD Form 214 at this time to show his first name as it appears on his birth certificate.
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 amending his DD Form 214 to show his first name as it appears 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.
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