IN THE CASE OF:
BOARD DATE: 12 AUGUST 2008
DOCKET NUMBER: AR20080007104
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 that his records be corrected to reflect that the last letter of his first name is an O and that his proper rank is Specialist Four (SP4).
2. The applicant states, in effect, that his first name is incorrectly spelled with an A as the last letter of his first name when in fact it should be an O. He also states that he was serving in the rank of SP4; however, his DD Form 214 and his Honorable Discharge Certificate reflects that he was separated in the rank of private first class (PFC).
3. The applicant provides a copy of his Honorable Discharge Certificate, a copy of his promotion orders to SP4 and a copy of his DD Form 214.
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. The applicant was inducted in Raleigh, North Carolina on 20 November 1967 and he signed his first name with an o in the last letter of his first name from that date and throughout his service.
3. The applicant completed his training as a radio relay and carrier operator and on 4 July 1969, he was transferred to Korea. He was advanced to the pay grade of E-3 on 25 July 1969.
4. On 9 December 1969, orders were published advancing the applicant to the rank of SP4 effective 12 November 1969.
5. On 10 April 1970, orders were published at Fort Lewis, Washington which directed the applicants release from active duty (REFRAD) in the rank of SP4. Additionally, the last letter of his first name contained an O.
6. Accordingly, on 10 April 1970, he was honorably REFRAD as an overseas returnee. He had served 1 year, 11 months, and 19 days of total active service. His DD Form 214 issued at the time of his REFRAD indicates that the last letter of his first name was an A and that his rank was PFC/E-3 with a date of rank of 25 July 1969.
7. On 1 November 1973, the applicant was issued an Honorable Discharge Certificate which indicates that the last letter of his first name contains an A and that he was discharged in the rank of PFC.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his first name is misspelled and that his rank is incorrect has been noted and found to have merit.
2. The evidence of record clearly shows that the applicants first name is ALONZO and that he always signed his name as such. Additionally, his records show that he was advanced to the rank and pay grade of SP4/E-4 on 12 November 1969. This is further confirmed by his separation orders issued at the time of his REFRAD.
3. However, it appears that an administrative oversight resulted in his first name being annotated as ALONZA and his rank being incorrectly reflected as a PFC on both his DD Form 214 and his Honorable Discharge Certificate.
4. Accordingly, it would be in the interest of justice at this time to correct the applicants DD Form 214 and Honorable Discharge Certificate to reflect that his first name is spelled as ALONZO and that his rank was SP4.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 correcting his DD Form 214 to show that his first name is spelled as ALONZO and that he was REFRAD in the rank of SP4/E-4 with a date of rank of
12 November 1969 and that he be issued a new Honorable Discharge Certificate showing his correct name and rank, in lieu of the incorrect Honorable Discharge now held by him.
___ XXX ___
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) AR20080007104
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