IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110003470 


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 the spelling of his last name on his DD Form 214 (Report of Separation From Active Duty) be corrected from beginning with a "G" to beginning with a "J."

2.  The applicant states his birth certificate and social security card verify his name is misspelled.

3.  The applicant provides his DD Form 214, his Social Security card, and his Certificate of Birth.

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’s active duty military records consists solely of a DD Form 214 which shows that he enlisted in the Regular Army on 13 December 1960, was awarded the military occupational specialty of intermittent speed radio operator, and was promoted to pay grade E-4.

3.  He was honorably released from active duty on 12 December 1963.  The DD Form 214 he was issued shows his last name spelled with a "G" and contained his Social Security Number (SSN).

4.  He enlisted in the Army National Guard (ARNG) on 2 March 1976.  All the applicant's ARNG records show his last name spelled with a "J," and show the SSN contained on the DD Form 214 in question.  The ARNG records also reflect the exact dates of service shown on the DD Form 214 in question.

DISCUSSION AND CONCLUSIONS:

The preponderance of evidence shows the applicant's last name was misspelled on his DD Form 214, and it would now be appropriate to correct that error.

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 the first letter of his last name was spelled with a "J" on the DD Form 214 for the period ending 12 December 1963.



      _______ _   _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)                                         AR20110003470



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ABCMR Record of Proceedings (cont)                                         AR20110003470



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