BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100028093 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his legal name.

2.  The applicant states his legal last name is spelled "DE A—EU" not "DE A—EW" as shown on his DD Form 214 with a separation date of 2 February 1966. 

3.  The applicant provides the following evidentiary documents:

* Social Security Card, undated
* International Public Health Department Small Pox vaccination record, dated 1950

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 applicant’s 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 applicant’s 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 name as shown on his handwritten DD Form 398 (Statement of Personal History), item 1 (FIRST NAME—MIDDLE NAME—MAIDEN NAME (IF ANY)—NAME) is "JOS--- SIL--- DE A---EU."  He signed this form as "JOS--- SIL--- DE A—EU."  There is no record or copy of the source document used for verification of his name and its correct spelling filed in the applicant's personnel record.

3.  A typewritten DD Form 398 filed in his record shows in item 1 the entry "JOS SIL DEA—EW."  His handwritten signature affixed to this form shows his last name as "DE A---EU."

4.  The applicant was inducted into the Army of the United States on 7 February 1964.  The DD Form 47 (Record of Induction) shows his name typewritten in item 1 (LAST NAME – FIRST NAME – MIDDLE NAME) as "DE A---EW, JOS--- SIL---."  In blue ink, a person edited this type written form by slashing through the letter "W" of his last name and handwriting the letter "U."  An accompanying statement of service shows he personally signed his last name as "DE A—EU."

5.  Special Orders Number 30 issued on 7 February 1964 inducting the applicant into the Army of the United States shows his legal last name as "DE A---EU."  

6.  A review of the applicant's military personnel service record reveals the spelling of his last name as "DE A---EU" or as "DE A---EW" was used intermittently throughout his enlistment period. 

7.  On 2 February 1966, the applicant was released from active duty upon the completion of his required active service and transferred to the U.S. Army Reserve to fulfill his military service obligation.  He was issued a DD Form 214 that shows in item 1 (NAME [LAST, FIRST, MIDDLE]) the entry "DE A—EW JOS--- SIL---."

8.  The applicant provided a copy of his Social Security Card that shows his name is spelled "JOS--- SIL--- DE A---EU."  He also provided a record of his international small pox vaccination that shows his last name is spelled "DE A---EU."

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states, in pertinent part, that the DD Form 214 is a synopsis of the Soldier’s 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.  When the applicant was inducted, he prepared a handwritten DD Form 398 that shows he spelled his last name as "DE A—EU."  However, when this form was typed his last name was misspelled and is shown as "DE A---EW."  Further review, shows a handwritten pen and ink correction to show the correct spelling of his last name was "DE A---EU." 

2.  In the preparation of his initial military documents, it is apparent an error occurred when he was inducted in 1966 for the last letter of his last name was transposed from a "U" to a "W."  Therefore, it would be appropriate, to correct the spelling of his legal name on his DD Form 214 to show his last name is spelled as "DE A---EU" not "DE A---EW."

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 correcting item 1 of his DD Form 214 with a separation date of 2 February 1966 to show his last name is spelled "DE A---U."





      _______ _   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)                                         AR20100028093





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ABCMR Record of Proceedings (cont)                                         AR20100028093



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