IN THE CASE OF:	  

		BOARD DATE:  17 October 2013

		DOCKET NUMBER:  AR20130004288 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected show his last name as Wxxxelxxx.

2.  He states, in effect, that his last name is misspelled.

3.  The applicant provides his certificate of birth, Medicare Health Insurance Card, Minnesota Driver's License, and DD Form 214.

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 1 October 1969.

3.  A review of documents contained in the applicant's military personnel records shows two spellings of his last name on several documents throughout his military service.  His records contain:

	a.  a DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 1 October 1969, that shows his last name typed with the fifth and sixth characters shown as "LE" and his signature as "EL" in those same positions;

	b.  a DD Form 398 (Statement of Personal History), dated 2 November 1970, that shows the fifth and sixth characters in his last name as "EL"; and

	c.  a DA Form 873 (Certificate of Clearance and/or Security Determination) that shows the fifth and sixth characters of his last name as "EL."

4.  On 28 April 1972, he was honorably released from active duty.  His DD Form 214 shows the fifth and sixth characters of his last name as "LE."  It is noted that his signature shows the fifth and sixth characters of his last name as "EL."

5.  The applicant provided a birth certificate that shows the fifth and sixth characters of his last name as "EL."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show the spelling of his last name as "WxxxELxxx." 

2.  Although his last name is spelled using both "EL" and "LE" in his military personnel records, his DD Form 398, DA Form 873, and his birth certificate show his last name spelled with "EL".  Therefore, his DD Form 214 should be corrected to show the last name as shown on his birth certificate.

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 correcting his DD Form 214 to show the last name as shown on his birth certificate.




      _______ _  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)                                         AR20130004288





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ABCMR Record of Proceedings (cont)                                         AR20130004288



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