IN THE CASE OF:	   

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016736 


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 Active Duty) be corrected to show the spelling of his first name as "Jonathan."

2.  The applicant states that his DD Form 214 incorrectly shows the spelling of his first name as "Janathan" instead of "Jonathan."

3.  The applicant provides copies of his birth certificate and driver's license.

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 on 19 September 1972 using the first name of "Jonathan."  All of his records were prepared accordingly.

3.  He completed his basic training at Fort Ord, California and his advanced individual training as a military policeman at Fort Gordon, Georgia and remained at Fort Gordon for the remainder of his service using the first name of "Jonathan."

4.  On 18 September 1974, he was honorably released from active duty (REFRAD) due to completion of required service.  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows his first name spelled as "Janathan." 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted and served his entire period of service using the first name of "Jonathan."  However, at the time of his REFRAD his DD Form 214 was incorrectly prepared to reflect a first name of "Janathan." 

2.  Accordingly, his DD Form 214 should be corrected to show the spelling of his first name as "Jonathan" instead of "Janathan."

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 on his DD Form 214 that his first name is "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)                                         AR20140016736





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ABCMR Record of Proceedings (cont)                                         AR20140016736



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