IN THE CASE OF:	  

		BOARD DATE:	  9 July 2015

		DOCKET NUMBER:  AR20140020414 


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 the spelling of his last name as P__nuri instead of P__nri.

2.  The applicant states his last name is misspelled on his DD Form 214 and he did not notice it until he applied for a Department of Veterans Affairs home loan.  All of his medical records are filed at the West Los Angeles Veterans Affairs Medical Center.

3.  The applicant provides a copy of his California driver's license.

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 was inducted into the Army of the United States on 5 August 1969.  His DD Form 47 (Record of Induction) shows his last name spelled as P__nri.

3.  He completed a DD Form 398 (Statement of Personal History) and an Acknowledgement of Service Obligation in connection with his induction that show his last name spelled as P__nuri.

4.  A review of his records shows various documents listed the spelling of his last name as both P__nuri and P__nri.

5.  On 23 August 1971, he was honorably released from active duty.  His DD Form 214 shows his last name spelled as P__nri.

6.  He provided a copy of his California driver's license that shows his last name spelled as P__nuri.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  It stated 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:

1.  In connection with his induction, the applicant listed his last name spelled as P__nuri.  However, it appears an administrative error occurred in the spelling of his last name during his accessioning into active duty and continued throughout his military service.

2.  Based on the evidence of record and the evidence provided by the applicant, it would be appropriate to correct his DD Form 214 at this time to show his last name spelled as shown on his DD Form 398.

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 Form 214 to show the spelling of his last name as shown on his DD Form 398.



      ______________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)                                         AR20140020414



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ABCMR Record of Proceedings (cont)                                         AR20140020414



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