IN THE CASE OF:	  

		BOARD DATE:	  3 February 2015

		DOCKET NUMBER:  AR20140011562 


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 the spelling of his last name on his 8 October 1968 DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states, in effect, that his last name ends in "er" not "an."

3.  The applicant provides copies of two DD Forms 214 and two DD Forms 4 (Enlistment Contract). 

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 December 1967.  His DD Form 4 shows the spelling of his last name as W____er.  The applicant was discharged for immediate reenlistment on 8 October 1968.  His DD Form 214 shows the spelling of his last name as W____an.  

3.  On 9 October 1968, he reenlisted under the last name of W____er.  He was released from active duty on 8 October 1971.  His DD Form 214 shows the spelling of his last name as W____er.

DISCUSSION AND CONCLUSIONS:

The applicant enlisted and served with the spelling of his last name as W____er.  His first DD Form 214, issued on 8 October 1968, incorrectly shows the spelling of his last name as W____an.  It would be appropriate to correct this error.

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 deleting the last name on the DD Form 214 issued on 8 October 1968 and adding the last name as it is listed on his 8 October 1971 DD Form 214.



      _______ _   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)                                         AR20140011562



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ABCMR Record of Proceedings (cont)                                         AR20140011562



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