IN THE CASE OF:
BOARD DATE: 20 January 2011
DOCKET NUMBER: AR20100018654
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct spelling of his last name as Hillier instead of Hiller." He further requests correction of the date he was released from active duty (REFRAD).
2. He states, in effect, during the preparation of his DD Form 214, two administrative errors occurred resulting in the incorrect spelling of his last name and his REFRAD date recorded as taking place 7 days prior to his date of induction.
3. He provided a copy of the following documentation in support of his request:
* A State of Michigan (MI) Certified Copy of Record of Birth, filed on 27 May 1941
* General Orders (GO) Number 1725, issued by Headquarters, 4th Infantry Division, dated 28 April 1968, awarding him the Bronze Star Medal (BSM) with V Device
* GO Number 4434, issued by the same headquarters, dated 11 August 1968, awarding him the Army Commendation Medal (ARCOM)
* An award citation for the ARCOM
* 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. A copy of the birth certificate provided by the applicant shows his last name was recorded as Hillier on 27 May 1941.
3. His record contains a DD Form 47 (Record of Induction) which shows the applicant was inducted into the Army of the United States on 8 September 1966. Item 1 (Last Name - First Name - Middle Name) shows the spelling of his last name as Hillier.
4. His record also contains a DA Form 41 (Record of Emergency Data) which shows in item 1 (Designators last name, first name, middle name) his last name spelled as Hillier.
5. He provided copies of general orders for the BSM with V Device and the ARCOM, and a copy of an award citation for the ARCOM. Each of these documents shows the spelling of his last name as Hillier.
6. His record contains a copy of Special Orders (SO) Number 245, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 1 September 1968. These orders show he was REFRAD on 1 September 1968 and show the spelling of his last name as Hillier.
7. The applicant was honorably REFRAD on 1 September 1968. The DD Form 214 he was issued at the time reflects in item 1 the last name of "Hiller" and in item 11d the effect date of his REFRAD as 1 September 1966.
DISCUSSION AND CONCLUSIONS:
1. The spelling of his last name on his Birth Certificate, DD Form 47, DA Form 41, and all other available service documents is shown as Hillier." The last name shown on his DD Form 214 is incorrectly spelled as Hiller. It is apparent an administrative error occurred during the preparation of this form. Therefore, it would be appropriate at this time to correct this error by correcting item 1 of his DD Form 214 to show his last name spelled as Hillier.
2. A copy of SO Number 245 clearly shows he was REFRAD on 1 September 1968. It appears an administrative error also occurred upon entering this data in item 11d of his DD Form 214. Therefore, it would be appropriate at this time to correct item 11d of his DD Form 214 to show he was REFRAD effective
1 September 1968.
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 from item 1 of his DD Form 214 the last name of Hiller and replacing it with the entry Hillier; and
b. deleting from item 11d of his DD Form 214 the entry 1 Sep 66 and replacing it with the entry 1 Sep 68.
_______ _ 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) AR20100018654
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ABCMR Record of Proceedings (cont) AR20100018654
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