IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110009834
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 "D___S."
2. The applicant states his last name is spelled incorrectly. The correct spelling is "D___S," not "D___SS."
3. The applicant provides his DD Form 214 effective 25 October 1962 and his social security card.
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 DD Form 47 (Record of Induction), dated 26 October 1960, shows the applicant's last name spelled as "D___SS."
3. A review of his military records shows he used this spelling of his last name during his entire period of service. He signed his last name using this same spelling he contends is incorrect on the following documents:
* DD Form 98 (Armed Forces Security Questionnaire)
* Headquarters Fort Lewis Form 44 (Certificate of Briefing)
* DA Form 41 (Record of Emergency Data)
4. On 25 October 1968, he was discharged under honorable conditions. His last name is recorded and signed as "D___SS" on his DD Form 214.
5. The applicant provides a copy of his social security card. This document shows the spelling of his last name as "D___S."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show his last name spelled as "D___S."
2. The evidence of record clearly shows the applicant entered, served, and was discharged under the same spelling of his last name as shown on his DD Form 214. Furthermore, the applicant signed his name in the same manner.
3. The Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
4. The applicant is advised that a copy of this decisional document confirming the current spelling of his last name will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the current spelling of his last name and the spelling recorded in his military record and to satisfy his desire to have his name correctly documented in his record.
5. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_____________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) AR20110009834
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ABCMR Record of Proceedings (cont) AR20110009834
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