IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100019107 


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) to show the spelling of his first name as “Murrell” and that the suffix of “Jr.” be added to his name.  He also requests issuance of a new Honorable Discharge Certificate with his correct name.

2.  The applicant states that his DD Form 214 incorrectly reflects his first name as “Murrall” instead of “Murrell” and it does not contain the suffix “Jr.”  His Honorable Discharge Certificate from the U.S. Army Reserve (USAR), issued on 1 January 1974, also does not contain the “Jr." suffix and he desires issuance of a new discharge certificate with his correct full name.

3.  The applicant provides:

* his DD Form 214
* his Honorable Discharge Certificate
* a copy of his 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.  The applicant was inducted into the Army of the United States in Houston, TX on 19 January 1968 under the name of Murrell D. W--------n, Jr.  He completed all of his training at Fort Polk, LA and he was awarded military occupational specialty 71H (personnel specialist).

3.  He was transferred to Okinawa on 12 June 1968 and he was promoted to the rank/grade of specialist five (SP5)/E-5 on 16 June 1969.  

4.  He departed Okinawa on 11 January 1970 and he was transferred to Oakland Army Base, CA where he was honorably released from active duty (REFRAD) as an overseas returnee.  He was transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  He served 1 year,
11 months, and 24 days of total active service.

5.  Letter Orders Number 12-134B09, issued by the Office The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 19 December 1973, honorably discharged the applicant from the USAR Control Group (Standby), effective 1 January 1974.

6.  All official documents bearing the applicant's name shows his first name at "Murrell."  A majority of these documents also show the suffix "Jr."

7.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 issued at the time of his REFRAD reflects his first name as “Murrall” and omits the suffix of “Jr.”

8.  His Honorable Discharge Certificate issued on 1 January 1974 also omits the suffix of “Jr.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his name is incorrectly reflected on his
DD Form 214 and Honorable Discharge Certificate has been noted and found to have merit.
2.  The applicant’s correct first name as reflected in his official records is “Murrell” and it also contains the suffix “Jr.”

3.  Accordingly, his DD Form 214 should be corrected to reflect his first name as “Murrell” and to add the suffix of “Jr.” to his name.  Additionally, he should be issued a new Honorable Discharge Certificate with his correct full name in lieu of the discharge certificate currently held by him.

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:

	a.  deleting from item 1 of his DD Form 214 the first name of "Murrall" and replacing it with the entry "Murrell";

	b.  adding to item 1 of his DD Form 214 the suffix of ”Jr.”; and

	c.  issuing him a new Honorable Discharge Certificate with his correct full name to replace the certificate currently held by him.



      ____________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)                                         AR20100019107



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ABCMR Record of Proceedings (cont)                                         AR20100019107



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