IN THE CASE OF:	  

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130019120 


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 (Certificate of Release or Discharge from Active Duty) to show his first name as Jonathan.

2.  The applicant states:

* his DD Form 214 has his first name listed incorrectly
* the correct spelling of his first name is Jonathan, not Johnathon

3.  The applicant provides his DD Form 214.

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 enlisted in the Army National Guard on 29 July 2005.  His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 29 July 2005, shows his first name is Jonathan.  

3.  His record contains a copy of his State of Washington, Department of Health, Certificate of Live Birth which shows his first name as Jonathan.

4.  He was ordered to active duty in support of Operation Enduring Freedom on 15 April 2009 and released from active duty on 2 December 2009.  Item 1 (NAME (Last, First, Middle)) of the DD Form 214 he was issued at the time shows his first name is Johnathon.

5.  A thorough review of every document in his record revealed that his first name consistently appears as Jonathan.

DISCUSSION AND CONCLUSIONS:

The applicant contends his first name is Jonathan and his record and birth certificate support this contention.  Based on the foregoing, it would be appropriate to correct item 1 of his DD Form 214 for the period ending 2 December 2009 to show his first name is Jonathan.

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 deleting the first name entry in item 1 of his DD Form 214 for the period ending 2 December 2009 and replacing it with the entry "Jonathan."



      _______ _   _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)                                         AR20130019120





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ABCMR Record of Proceedings (cont)                                         AR20130019120



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