IN THE CASE OF:	   

		BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20120021915 


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 (Certificate of Release or Discharge from Active Duty) to show the suffix following his last name as "III."

2.  The applicant states he was told at the time of his enlistment that the data system would not recognize more than 26 characters as the reason why the suffix following his last name shows "II" instead of "III."

3.  The applicant provides a State of Maryland Certificate of Live 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 enlisted in the Regular Army on 5 September 1975 for a period of 3 years.

3.  A review of documents contained in the applicant's military personnel records shows the suffixes "II" and "III" following his last name on several documents throughout his military service.

4.  His records contain:

	a.  a DD Form 1966 (Application for Enlistment – Armed Forces of the United States), dated 6 August 1975, that shows he printed the suffix "III" after his last name and signed this document with the suffix "III" after his last name;

	b.  a DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated 5 September 1975, that shows the suffix "III" after his last name and shows he signed this document with the suffix "III" after his last name; and

	c.  a DA Form 2-1 (Personnel Qualification Record – Part II) reviewed by the applicant on 24 September 1993 shows the suffix "III" after his last name.

5.  On 30 September 1995, he retired.  Item 1 (Name) of the applicant's DD Form 214 shows the suffix "II" after his last name.

6.  The applicant provided a birth certificate that shows the suffix "III" after his last name.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the suffix after his last name as "III" was carefully considered and determined to have merit.

2.  Although the applicant's suffix following his last name appears as both "II" and "III" in his military personnel records, his DD Form 4, DA Form 2-1, and his birth certificate show the suffix "III" after his last name.  Therefore, his DD Form 214 should be corrected to show the suffix "III" after his last name as shown on his DD Form 4 and DA Form 2-1.


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 deleting the current suffix from item 1 of his DD Form 214 and replacing it with the suffix "III" as shown on his DD Form 4 and DA Form 2-1.



      _______ _   _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)                                         AR20120021915



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ABCMR Record of Proceedings (cont)                                         AR20120021915



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