BOARD DATE: 20 October 2009
DOCKET NUMBER: AR20090008605
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 last name in item 1 (Last Name, First Name, Middle Name) on his DD Form 214 (Report of Transfer or Discharge) be corrected.
2. The applicant states, in effect, that he wants his last name corrected from B___ to C___ as shown on his birth certificate.
3. The applicant provides a copy of his birth certificate and 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. The applicant was inducted into the Army of the United States on 21 June 1968 under the last name of B___. He served as a radio operator in Vietnam and was released from active duty on 19 June 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 1 on the applicant's DD Form 214 shows his last name was B___.
4. A DD Form 1343 (Notification of Change in Service Member's Official Records), dated 18 May 1971, shows the applicant's last name was changed to C__ based on a State of Florida Court Order effective 2 June 1970.
5. In support of his claim, the applicant provided a birth certificate which shows his last name was C__.
DISCUSSION AND CONCLUSIONS:
The DD Form 1343 which shows the applicant's last name was changed to C__ based on a State of Florida Court Order effective 2 June 1970 is accepted as sufficient evidence on which to amend item 1 on his DD Form 214.
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 entry in item 1 on his DD Form 214; and
b. adding the last name shown on the DD Form 1343 in item 1 on 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.
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