IN THE CASE OF:	  

		BOARD DATE:	  18 December 2012

		DOCKET NUMBER:  AR20120009954 


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 his last name spelled as "JORDAN."

2.  The applicant states his DD Form 214 incorrectly reflects his last name spelled as "JORDON."  He also states that all attempts to have it corrected have been unsuccessful.

3.  The applicant provides a copy of his DD Form 214 for the period ending 14 April 1971 and Standard Form 180 (Request Pertaining to Military Records).

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 under the last name "JORDAN" on 14 August 1967 for a period of 3 years and training as an engineer equipment repairman.  He completed basic training at Fort Dix, New Jersey, and advanced individual training at Fort Belvoir, Virginia, before being transferred to Korea on 24 February 1968.

3.  On 22 April 1968, he reenlisted for a period of 3 years.  He departed Korea on 15 February 1969 for assignment to Fort Benning, Georgia, where he remained until he was transferred to Vietnam on 5 August 1970.

4.  He departed Vietnam on 14 April 1971 and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) as an overseas returnee.  He completes 3 years, 9 months, and 17 days of active service and his DD Form 214 issued at the time of his REFRAD shows his last name spelled as "JORDON."

5.  A review of his official records shows he enlisted and served under the last name "JORDAN."  His DD Forms 214 for the periods ending 21 April 1968 and 14 April 1971 both show his last name spelled as “JORDON.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 contains an incorrect spelling of his last name has been noted and found to have merit.  The applicant enlisted and served under the last name "JORDAN."

2.  Therefore, it is reasonable to presume that his last name was misspelled due to an administrative error.

3.  Accordingly, his DD Forms 214 for the periods ending 21 April 1968 and 14 April 1971 should be corrected to show his last name as "JORDAN."

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 is 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 amending his DD Forms 214 for the periods ending 21 April 1968 and 14 April 1971 to show his last name as "JORDAN."



      ______________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)                                         AR20120009954



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ABCMR Record of Proceedings (cont)                                         AR20120009954



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