BOARD DATE: 16 July 2009
DOCKET NUMBER: AR20090003924
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 last name on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "Wixxxxn" instead of "Weixxxn."
2. The applicant states that his DD Form 214 incorrectly shows his last name as "Weixxxn."
3. The applicant provides a copy of his Social Security Card and State Drivers License; a copy of his certificate of birth, dated 21 September 1946; and a copy of his DD Form 214, dated 20 May 1968, 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. The applicant's records show he enlisted in the Regular Army for a period of 3 years on 18 March 1965. Item 1 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Record) shows his last name as "Wixxxxn." He authenticated this form by placing his signature in the appropriate block using his last name as "Wixxxxn."
3. In conjunction with his enlistment, the applicant completed a DD Form 398 (Statement of Personal History) on 18 March 1965 and listed his last name as "Wixxxxn."
4. The applicants DA Form 20 (Enlisted Qualification Record) created on 13 April 1966 and reviewed by the applicant on 10 May 1968 shows his last name as "Wixxxxn."
5. The applicants records further show he was honorably separated on 20 May 1968 and transferred to the U.S. Army reserve Control Group (Annual Training). Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his last name as "Weixxxn."
6. The applicants record contains various personnel, finance, medical, legal, and other documents that show his last name as Wixxxxn.
7. The applicant submitted copies of his Social Security Card, State Drivers License, and certificate of birth, that all show his last name as Wixxxxn.
8. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component. It further states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. In establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant used the last name "Wixxxxn" when he enlisted in the Regular Army on 18 March 1965. He used this last name throughout his military service. This last name is consistent with the last name shown on all his military documents, Social Security Card, State Drivers License, and certificate of birth.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. The applicants DD Form 214 should, therefore, be corrected to reflect the correct spelling of his last name.
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 from item 1 of the applicant's DD Form 214 the entry "Weixxxn" and replacing it with the entry "Wixxxxn."
_______ _ _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.
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