BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110006403
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 last name spelled as "H___D" vice "H____F."
2. The applicant states he did not realize his last name was misspelled on his DD Form 214 until he filed for Department of Veterans Affairs benefits.
3. The applicant provides a letter from the Saint Louis County Veterans Services Office and a copy of 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 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. His records show he was inducted into the Army of the United States on 5 October 1966. Item 1 (Last Name First Name Middle Name) of his DD Form 47 (Record of Induction) lists the spelling of his last name as "H___D."
3. In connection with his induction, he completed a DD Form 398 (Statement of Personal History) wherein he listed his last name as "H___D." He authenticated this form by placing his signature in the appropriate place using this spelling of his last name.
4. The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows the spelling of his last name as "H___D." He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using this same spelling of his last name.
5. His records contain several personnel, finance, legal, and medical documents including a record of emergency data, an insurance election certificate, an Armed Forces Security Questionnaire, assignment and separation orders, and various other orders that show the spelling of his last name as "H___D." He authenticated some of these forms, as required, by placing his signature in the appropriate place using this spelling of his last name.
6. He was honorably released from active duty on 23 September 1968. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows the spelling of his last name as "H___F."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed the spelling of his last name as "H___D" upon his induction. This spelling of his last name is consistent with the spelling of his last name on all official military records throughout his military service. He authenticated several forms that contain this spelling of his last name. It appears his last name was inadvertently misspelled on his DD Form 214 at the time of his separation. Therefore, he is entitled to correction of his DD Form 214 to show the spelling of his last name as "H___D."
BOARD VOTE:
___X_ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 last name "H____F" from item 1 of his DD Form 214 and replacing it with the last name "H____D."
__________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.
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