RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2008
DOCKET NUMBER: AR20080000468
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his correct last name.
2. The applicant states that his last name is incorrectly entered on his DD Form 214 and he needs it corrected.
3. The applicant provides copies of his DD Form 214, state drivers license, and a letter from the Social Security Administration.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 7 August 1967, the applicant enlisted in the Regular Army for 3 years, using the last name of K---SIK. He completed his initial training and was awarded a military occupational specialty of 71B1O (Clerk Typist).
3. In reviewing the applicant's record, it is noted that he consistently used this same last name throughout his entire military service. His signature also reflected this same last name.
4. On 10 May 1968, the applicant was discharged due to a physical disability. Item 1 (Last Name-First Name-Middle Name) of the applicants DD Form 214 shows his last name as K---SKI. The applicant signed this form with the last name of K---SIK.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered the Regular Army using the last name of K---SIK and used this name throughout his period of service. With the exception of the
DD Form 214, all of his military records reflect this correct last name.
2. In view of the above, the applicants DD Form 214 should be corrected to show his correct last name, as was used during his service.
BOARD VOTE:
___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, in particularly, his DD Form 214, be corrected by showing his last name as K---SIK.
__________X____________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000468
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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