IN THE CASE OF:
BOARD DATE: 9 October 2008
DOCKET NUMBER: AR20080011496
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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his correct first and middle names, and the correct title of his military occupational specialty (MOS).
2. The applicant states that these errors are typographical mistakes.
3. The applicant provides a copy of his DD Form 214, in support of his application.
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 24 August 1967, the applicant was inducted into the Army of the United States for 2 years under the name of L____, Keith Duane. He completed his initial training and was awarded MOS 11D (Scout Driver).
3. On 13 August 1968, the applicant was promoted to the rank of specialist four (SP4), pay grade E-4.
4. On 28 April 1969, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training). He had completed 1 year, 7 months, and 5 days of creditable active duty service.
5. Item 1 (Last Name, First Name, Middle Name) of the applicants DD Form 214 shows L____, KC TM DUANC.
6. Item 23a (Specialty Number and title) of the applicants DD Form 214 shows, in part, SCONT DRIVER.
DISCUSSION AND CONCLUSIONS:
The applicants DD Form 214 clearly shows that the applicant's first and middle names and the title of his MOS were incorrectly entered on his DD Form 214. Therefore, his record should be corrected.
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:
a. deleting the first name and middle name entry KC TM DUANC from Item 1 of his DD Form 214;
b. deleting the title entry SCONT DRIVER from Item 23a of his DD Form 214;
c. adding the first name and middle name entry KEITH DUANE in Item 1 of his DD Form 214; and
d. adding the title entry SCOUT DRIVER in Item 23a of his 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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080011496
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