IN THE CASE OF: BOARD DATE: 2 December 2014 DOCKET NUMBER: AR20140007841 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 first name be corrected to Erwin on his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of separation of 19 February 1953. 2. The applicant states his first name on his DD Form 214 is incorrectly shown as Edwin. 3. The applicant provides: * DD Form 214 * Tennessee driver's license issued on 15 July 1992 * Tennessee driver's license issued on 9 January 2014 * a letter, dated 6 October 2011, from the Office of the Nassau County Clerk, Mineola, NY 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’s service personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973. The records provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this case. 3. On 20 February 1951, he was inducted into the Army of the United States. 4. A list of names and service numbers was received from the National Personnel Records Center, St. Louis, MO. The applicant's service number, as shown on his DD Form 214, and his name are shown on this list. His first name is shown as Erwin. Listed with each name are what appear to be order number 50-34 and the date 20 February 1951. 5. On 19 February 1953, he was honorably released from active duty. His DD Form 214 shows his first name as Edwin. 6. Headquarters, Fort McPherson, Fort McPherson, GA Special Orders Number 34, dated 18 February 1953, separated him from active duty. These orders show his first name as Edwin. 7. The two driver's licenses he provided show his first name as Erwin. 8. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form was complete and accurate and reflected the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The list of inductees appears to be a part of an official document listing individuals inducted on 20 February 1951. The names as they appear on this list would have been taken from induction documents. The applicant's name and service number appear on this list and his first name is shown as Erwin. 2. Both his DD Form 214 and his separation orders show his first name as Edwin. Because both of these documents would have been typed at approximately the same time, it is not unreasonable to conclude that a typographical error in his first name occurring on one document would also occur on the other. 3. In view of the above, there is sufficient evidence to correct his first name on his DD Form 214 to Erwin. 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 amending item 1 (Last Name-First Name-Middle Name) of his DD Form 214 with an effective date of separation by deleting "Edwin" and adding "Erwin." ___________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) AR20140007841 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140007841 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1