SAMR-RB 7 September 2018 MEMORANDUM FOR Commander, US Army Human Resources Command, 1600 Spearhead Division Avenue, Department 100, Fort Knox, KY 40122- 5100 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for AR20170000217 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 15 August 2018, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by amending Orders P-04-301774 issued on 23 April 1992 and his DA Form 3713 (also known as DD Form 2656) to show his first name as shown on his birth certificate. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 7 January 2019. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Enc l BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20170000217 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ _____x___ _____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20170000217 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________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: 15 August 2018 DOCKET NUMBER: AR20170000217 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 military record to show his first name as "Gerald" vice "Jerry." 2. The applicant states he wants his name changed on all his military records from "Jerry" to "Gerald." He needs his first name on his social security card, Medicare card, Defense Finance and Accounting Service retiree statements and Tricare accounts to all be the same. 3. The applicant provides a copy of his Medicare Health Insurance card and birth certificate. 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. On 5 June 1951 the applicant completed DD Form 398 (Statement of Personal History) wherein he indicated the spelling of his first name was "Jerry." He signed this form certifying the information was the truth to the best of his knowledge. 3. On 16 March 1951 the applicant was inducted into the Army of the United States. A DD Form 47 (Record of Induction) was completed which shows his first name as "Jerry." He signed the form as “Jerry.” 4. Within his official military personnel file is a copy of his birth certificate that was certified on 9 June 1951 showing the spelling of his first name as "Gerald." There is a handwritten note from the principal of St. John Cathedral High School, dated 9 June 1951, stating "Gerald J. J." graduated from high school on 8 June 1949. 5. As a member of the enlisted ranks, the applicant completed an application for entrance into officer candidate school wherein he certified his first name was "Jerry." 6. On 19 June 1952 by letter, the applicant was appointed a second lieutenant in the Infantry Reserve. Concurrently, he and an official completed WD AGO Form 71 (Oath of Office – Military Personnel) wherein his first name is shown as "Jerry." 7. On 3 December 1952 the applicant and a government official completed and signed a DA Form 71 (Oath of Office – Military Personnel) wherein his first name is shown as "Jerry." He was appointed a second lieutenant in the Officers' Reserve Corps. 8. The applicant served continuously under the name "Jerry" throughout his military service to include when he was promoted to the rank of brigadier general in the United States Army Reserve on 7 December 1984. He served continuously until he was retired and transferred to the Retired List as a major general on 1 April 1992. Orders P-04-301774 issued on 23 April 1992 by the U.S. Army Reserve Personnel Center, St. Louis, MO directed his retirement. 9. Within his record there is a DA Form 3713 (Data for Retired Pay) showing his first name spelled as "Jerry," the first name he consistently used throughout his military career. 10. As evidence the applicant provided a copy of his Medicare Health Insurance card which shows his first name as "Gerald." REFERENCES: 1. Army Regulation 635-5 (Separation Documents) in effect at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty, and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 2. Army Regulation 135-180 (Army National Guard and Army Reserve – Retirement for Non-Regular Service) prescribes policies and procedures governing non-regular retirement. Upon application for non-regular retired pay, the U.S. Army Human Resources Command (HRC) will verify a non-regular retiree's application for retirement to include DA Form 3713. Once certification is completed by HRC, orders will be issued by the Commanding General, HRC placing the eligible individual on the Army of the United States Retired List and announcing the effective date of entitlement to retired pay. ' DISCUSSION: 1. The evidence of record shows that upon his enlistment in the Army the applicant listed his first name as "Jerry." This first name is consistent with the first name that he used throughout his period of military service to include his application and appointment as a commissioned officer. He authenticated all documents in his record indicating that his name was correct. He did not use the first name of "Gerald" during his lengthy period of military service. 2. In the past the ABCMR has denied similar applications on the basis that the documents maintained in the military personnel record are historical documents and should reflect the record as it existed at the time of the preparation of the forms, orders, or documents. 3. Nevertheless, his military record did contain a copy of his birth certificate and a handwritten note from the principal of the school he attended, both record the spelling of his first name as "Gerald." 4. As the applicant is a former member of the U.S. Army Reserve and currently on the Army of the United States Retired List, to effect a name change, his 1992 retirement order and allied forms are the applicable forms to correct. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000217 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000217 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2