IN THE CASE OF:
BOARD DATE: 23 December 2008
DOCKET NUMBER: AR20080016975
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, in effect, that his last name be changed in item
1 (Last Name-First Name-Middle Name) on his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states, in effect, that his last name is H---mon not H---man.
3. The applicant provides a Medicare card; a Department of Defense/Uniformed Services Identification and Privilege Card; an Alabama driver license; a Social Security Card; and an Honorable Discharge Certificate from the USAR, dated
27 September 1987; 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 applicants DD Form 398 (Statement of Personal History) shows his last name as H---man; however, his signature on this form shows the last name
H---mon. His enlistment record shows the last name H---man; however, the signature on this record shows the last name H---mon. The applicant enlisted in the Regular Army on 20 July 1967 for a period of 3 years. He served as a combat engineer and was released from active duty on 17 July 1970.
3. Item 1 on the applicants DD Form 214 shows the last name H---man. Item 32 (Signature of Person Being Transferred or Discharged) on his DD Form 214 shows a legible signature and H---mon is the last name.
4. The majority of the applicants service personnel records show the last name H---man; however, his signature on these documents show the last name
H---mon. His DA Form 664 (Servicemans Statement Concerning Application for Compensation from the Veterans Administration), dated 19 July 1970, shows the last name H---mon.
5. The applicant subsequently served in the Alabama Army National Guard and the U.S. Army Reserve (USAR). The majority of his service personnel records show the last name H---mon.
6. In support of his claim, the applicant provided a Medicare card, a Department of Defense/Uniformed Services Identification and Privilege Card, an Alabama driver license, a Social Security Card, and an Honorable Discharge Certificate from the USAR, dated 27 September 1987, which show the last name H---mon.
DISCUSSION AND CONCLUSIONS:
Although item 1 on the applicants DD Form 214 shows the last name H---man, item 32 (Signature of Person Being Transferred or Discharged) on his DD Form 214 shows a legible signature and H---mon is the last name. Since his signature on all of his service personnel records show the last name H---mon, it would be appropriate to correct item 1 on his DD Form 214 to show the last name H---mon.
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 last name in item 1 on his DD Form 214; and
b. adding the last name shown on the Honorable Discharge Certificate, dated
27 September 1987, in item 1 on his DD Form 214.
_________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) AR20080016975
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ABCMR Record of Proceedings (cont) AR20080016975
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