IN THE CASE OF:	  

		BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20140021208 


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 proper spelling of his first name.

2.  The applicant states:

* the spelling of his first name is incorrect
* his DD Form 214 shows the first name Steven instead of Stephen
* his original birth certificate was also incorrect (mistake at the hospital), but he provided an amended birth certificate

3.  The applicant provides:

* DD Form 214
* original birth certificate
* amended birth certificate

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 27 January 1971 for a period of 2 years.  His DD Form 398 (Statement of Personal History), dated 27 January 1971, shows his first name spelled as Stephen.  He was released from active duty on 31 October 1972.

3.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his first name spelled as Steven.

4.  He provided:

* a copy of his birth certificate issued on 5 September 2013 showing his first name spelled as Steven
* a copy of his birth certificate amended on 4 November 2013 showing his first name spelled as Stephen
 
DISCUSSION AND CONCLUSIONS:

The applicant contends his first name is spelled as Stephen and his DD Form 398 and amended birth certificate support this contention.  Based on the foregoing evidence, it would be appropriate to correct item 1 of his DD Form 214 to show his first name spelled as Stephen.

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 first name entry in item 1 of his DD Form 214 and replacing it with the entry "Stephen."



      _______ _   __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)                                         AR20140021208



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ABCMR Record of Proceedings (cont)                                         AR20140021208



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