IN THE CASE OF:	  

		BOARD DATE:	  30 May 2013

		DOCKET NUMBER:  AR20120020208


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 in:

* Item 8 (Place of Birth) - the word "Grafton" instead of "Gratton"
* Item 10b (Selective Service Local Board Number, City, County, State and Zip Code) - the word “Grafton” instead of "Gratton"
* Item 21 (Home of Record) - the county as "Taylor" instead of "Tabor"

2.  The applicant states his DD Form 214 shows an incorrect spelling of his town and county. 

3.  The applicant did not provide any evidence. 

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.  In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History).  He listed:

* His place of birth as the town of "Grafton" in the county of "Taylor"
* His permanent mailing address as "XXX Love Avenue, Grafton, WV" 
* The town of "Grafton" as the town where he attended high school
* The town of "Grafton" as residence/address of various relatives

3.  He enlisted in the RA on 20 March 1967.  His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed the spelling of the contested town as "Grafton" anywhere this town is mentioned on this form.  He authenticated this form by placing his signature in the appropriate place.

4.  His records contain several official personnel documents including the below documents listing the spelling of his town as "Grafton":

* Record of Emergency Data
* U.S. Army Request for National Agency Check
* Report of Medical History
* Report of Medical Examination

5.  He was honorably released from active duty on 22 December 1969.  His DD Form 214 shows in:

* Item 8 - "Gratton, WV"
* Item 10b - "LB Number 29 Gratton, WV"
* Item 21 - "XXX Love Avenue, Grafton (Tabor) WV 26354"

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.





DISCUSSION AND CONCLUSIONS:

The evidence of record shows upon his enlistment in the Army, the applicant listed his place of birth and home of record as the town of "Grafton" in the county of "Taylor."  The spelling of this town and county is consistent throughout his military service.  It appears the town and the county were both inadvertently misspelled on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the correct spelling. 

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:

* Deleting from items 8 and 10b the misspelled town of "Gratton" and adding the town "Grafton"
* Deleting from item 21 the misspelled county "Tabor" and adding the county "Taylor"



      ___________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)                                         AR20120020208



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ABCMR Record of Proceedings (cont)                                         AR20120020208



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