IN THE CASE OF:
BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100029995
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 his first name is Matthew instead of Mathew.
2. He states there is a typographical error in his first name on his DD Form 214.
3. He provides his Certification of Vital Record from the State of Maine.
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 enlisted in the Regular Army on 27 September 1966 for a period of 3 years. He was honorably released from active duty on 3 May 1969 after completing 2 years, 7 months, and 7 days of total active service.
3. His Official Military Personnel File (OMPF) contains a copy of his DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 27 September 1966, signed by the applicant and confirmed by an Army captain at the Armed Forces Examining and Entrance Station (AFEES), Bangor, ME. This form shows his first name was recorded as Matthew when he enlisted and that this spelling of his first name was used consistently until he was processed for release from active duty.
4. Special Orders Number 123, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 3 May 1969, released the applicant from active duty effective 3 May 1969. These orders show his first name as Mathew. Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 also shows his first name as Mathew.
5. He provides a Certification of Vital Record from the State of Maine showing he was given the first name of Matthew at birth.
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows a typographical error was made in the applicant's first name during the preparation of his separation documents. Therefore, he is entitled to correction of item 1 of his DD Form 214 to show his first name is Matthew.
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 his DD Form 214 the entry "S-----G MATHEW R---H" and replacing it with the entry "S------G MATTHEW R---H."
_______ _ 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) AR20100029995
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ABCMR Record of Proceedings (cont) AR20100029995
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