BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160000543 BOARD VOTE: ___x______ __x_____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160000543 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: a. issuing a DD Form 215 (Correction to DD Form 214) deleting the current entry from item 1 of his DD Form 214 and adding his full and correct legal name (i.e., as it appears on his corrected Certificate of Live Birth); and b. reissuing him a new DD Form 256A showing his full and correct legal name (i.e., as it appears on his corrected 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. BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160000543 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) and DD Form 256A (Honorable Discharge Certificate) to show the correct spelling of his last name. 2. The applicant states his last name is "J__l_en;" however, his DD Form 214 and DD Form 256A show his last name as "J__ll_an." 3. The applicant provides a copy of his birth certificate, social security card, DD Form 214, and DD Form 256A. 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. A DD Form 4 (Enlistment Record – Armed Forces of the United States) shows the applicant enlisted in the Regular Army (RA) on 27 August 1958 for a period of 3 years. Item 1 (Last Name – First Name – Middle Name) shows the entry, "J__LL_AN, R___ M___." 3. Second Army (2AA) Form 549 (Application for Discharge – Hardship or Dependency), dated 10 November 1960, shows the applicant submitted a request for hardship discharge. Item 1 (Name of Applicant) shows the entry "R__ M. J__l_en" and that the applicant signed the form with that last name. The allied documents (including an affidavit from his father), chain of command endorsements, and the approval document signed by the separation authority all show the applicant's last name as "J__l_en." 4. A DD Form 214 shows the applicant enlisted in the RA on 27 August 1958, was honorably released from active duty on 30 November 1960, and transferred to the U.S. Army Reserve, XIX U.S. Army Corps. He had completed 2 years, 2 months, and 6 days of net active service this period. It also shows in item 1 (Last Name – First Name – Middle Name): "J__LL_AN, R__ M__." 5. In support of his application the applicant provides the following documents. a. State of Louisiana, Bureau of Vital Statistics, Certificate of Live Birth, that shows (written in script) "R__ M__ J__ll_an" was born on 18 May 1941. It also shows his father's name as "E__ J__ll_an." However, the two last names are lined-thru and (written in script directly above) show the last name "J__l_en." The document also shows it was recorded on 21 May 1941, altered on 23 July 1969, and it was certified as a true copy of the registered birth certificate by a state health officer and the state registrar. b A DD Form 256A issued to "J__LL_AN, R__ M." that shows he was honorably discharged from the Army of the United States on 31 July 1964. c. A social security card, issued on 23 June 2008, to "R__ M__ J__l_en." REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Forms), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing the DD Form 214. Appendix III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It shows, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show for item 1, enter last name, first name, and spell out the full middle name or names, if any. DISCUSSION: 1. The applicant enlisted in the RA on 27 August 1958 with the last name "J__ll_an." 2. His birth certificate shows, on 23 July 1969, the spelling of his last name was officially corrected to "J__l_en." 3. The applicant applied for a hardship discharge in November 1960. At that time, he indicated the correct spelling of his last name (i.e., "J__l_en"), his father submitted an affidavit with that last name (i.e., "J__l_en"), the chain of command recommended approval, and the separation authority approved his request. 4. Based on the evidence of record, it may be concluded that the approved personnel action included an approved name change/administrative correction. 5. In view of the foregoing and based on the evidence of record, it appears an administrative error occurred during the applicant's separation processing that resulted in the incorrect spelling of his last name when he was released from active duty on 30 November 1960 and when he was discharged on 31 July 1964. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000543 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000543 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2