IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20110000826
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 item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the correct spelling of his first name is RXXXey vice RXXXy.
2. The applicant states his first name in item 1 of his DD Form 214 is misspelled. He states he is applying for Department of Veterans Affairs (VA) benefits and needs a corrected DD Form 214.
3. The applicant provides a copy of his birth certificate and 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's record contains a DD Form 4 (Enlistment Contract) that was prepared during his enlistment on 5 August 1968. This document lists his first name as he now claims is correct, with the letter "e" as the fifth character in his first name. Other documents prepared during his enlistment processing including the DD Form 98 (Armed Forces Security Questionnaire) and DD Form 369 (Police Records Check) all list his first name as he now claims is correct with the letter "e" in the fifth character.
3. On 4 August 1971, the applicant was honorably released from active duty, in the rank of specialist five/E-5, after completing 3 years of active military service. Item 1 of his DD Form 214 shows his first name without the letter "e" as the fifth character.
DISCUSSION AND CONCLUSIONS:
The applicant's contention that the first name in item 1 of his DD Form 214 is misspelled has been carefully considered and found to have merit. The applicant clearly entered and served under the first name he now claims is correct, as evidenced by the documents prepared during his enlistment processing. As a result, it would be appropriate to correct the spelling of the first name listed in item 1 of his DD Form 214 at this time by adding the letter "e" in the fifth character.
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 the first name in item 1 of the DD Form 214 and entering "RXXXey."
____________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) AR20110000826
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ABCMR Record of Proceedings (cont) AR20110000826
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