IN THE CASE OF:	  

		BOARD DATE:	  6 November 2012

		DOCKET NUMBER:  AR20120008121 


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 first two letters of his last name as "O'C" instead of "OC."

2.  He states the spelling of his last name should be corrected by adding an apostrophe between the first and second letters.  His birth certificate and other military certificates show the correct spelling.

3.  The applicant provides his DD Form 214 and a certificate of achievement.

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 enlisted in the Regular Army on 29 October 1970.  Page two of his enlistment contract shows his last name beginning with "O'C."

3.  His record contains the following documents that show his last name beginning with "O'C":

* DD Form 369 (Police Record Check)
* DD Form 398 (Statement of Personal History)
* DA Form 873 (Certificate or Clearance and/or Security Determination)
* Veterans Administration (VA) Form 29-8286 (Servicemen's Group Life Insurance Election)

4.  He provided a certificate of achievement that shows his last name beginning with "O'C."

5.  His DD Form 214 shows he was released from active duty on 17 August 1973.  Item 1 (Last Name – First Name – Middle Name) of this form shows the first two letters of his last name as "OC."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's last name as shown on his DD Form 4, DD Form 398, DD Form 369, DA Form 873, VA Form 29-8286, certificate of achievement, and all other available service documents is spelled with the apostrophe between the "O" and the "C."

2.  The last name as shown on his DD Form 214 is incorrectly listed without the apostrophe between the first and second letter.  It is apparent an administrative error occurred during the preparation of this form.  Therefore, it would be appropriate at this time to correct this error by amending item 1 of his DD Form 214 to show the spelling of the first two letters of his last as "O'C."

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 deleting his last name from item 1 of his DD Form 214 and replacing it with the last name shown on his DA Form 873.



      _____________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)                                         AR20120008121



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ABCMR Record of Proceedings (cont)                                         AR20120008121



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