IN THE CASE OF:
BOARD DATE: 21 January 2010
DOCKET NUMBER: AR20090011959
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the correct spelling of his last name.
2. The applicant states, in effect, that his last name is incorrectly reflected on his DD Form 214 and that it should be corrected by adding the letter E as the fifth character, between the letters L and Y.
3. The applicant provides a copy of his DD Form 214, a copy of his birth certificate, a copy of his drivers license and a copy of his Social Security Card.
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
20 September 1965. At the time of his induction his last name was spelled with the letter E in the fifth character, between the letters L and Y.
3. All of the available records show the applicant's last name contains the letter E as the fifth character and he signed all of his documents in that manner.
4. The applicant served until he was honorably released from active duty (REFRAD) on 19 September 1967 due to the expiration of his term of service. His DD Form 214 issued at the time of his REFRAD shows his last name is spelled without an E as the fifth character between the letters L and Y.
5. On 19 September 1971, he was honorably discharged from the U.S. Army Reserve and his last name was spelled correctly with an "E" as the fifth character.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his last name is incorrectly reflected on his
DD Form 214 has been considered and found to have merit.
2. The applicant was inducted and served with a last name that contains the letter E as the fifth character between the letters L and Y.
3. Therefore, it is reasonable to presume that an administrative error occurred at the time of his REFRAD and that error should be corrected at this time.
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 showing the individuals last name contains the letter E as the fifth character between the letters L and Y.
_____ _ _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) AR20090011959
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ABCMR Record of Proceedings (cont) AR20090011959
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