IN THE CASE OF: 

		BOARD DATE: 22 December 2011

		DOCKET NUMBER:  AR20110013947 


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 records to show the spelling of his last name as "Van W____len" instead of "Van W___en."

2.  The applicant states that his name was misspelled on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides copies of his:
 
* Pennsylvania License to Carry Firearms
* New York State Commercial Driver's License
* New York State License to Carry Handgun
* New York State Retired Police Identification
* MEDICARE Health Insurance 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.  His records show he was inducted into the Army of the United States (AUS) on 23 March 1964.  His DD Form 47 (Record of Induction) shows the spelling of his last name as "Van W___en." He did not sign this document.

3.  The applicant signed the FUSARD Form 58 (Acknowledgement of Service Obligation) using the last name "Van W___len."

4.  On 23 March 1964, special orders inducting him into the AUS list his last name as "Van W___en."

5.  On 8 May 1964, the applicant completed a DD Form 398 (Statement of Personal History).  He indicated that his last name was "Van W___len."  He authenticated this form by placing his signature in the appropriate block using this spelling of his last name.

6.  His DA Form 20 (Enlisted Qualification Record and DA Form 24 (Service Record) show his last name as "Van W___en."  He did not sign either of these documents.

7.  His Pre-Induction Standard Form (SF) 88 (Report of Medical Examination) and SF 89 (Report of Medical History) both, dated 8 January 1964, show his last name as "Van W___en."  He did not sign these documents.

8.  A 17 June 1964 SF 88 shows he was diagnosed with asthma.  His last name is shown as "Van W___len." 

9.  A DA Form 1049 (Personnel Action), Subject:  Request for Separation or Release from Active Duty), dated 14 July 1964, shows his last name as "Van W___len."  He signed this form.

10.  16 July 1964 Medical Board Proceedings show his last name as "Van W___len."  He signed this document.

11.  He was honorably discharged on 16 July 1964 due to not meeting medical fitness standards at the time of induction.  He had completed 3 months and 
24 days of total active service.  The last name on his DD Form 214 is shown as "Van W___en."  He signed this doicument.


12.  He submitted copies of his Pennsylvania License to Carry Firearms, New York State Commercial Driver's License, New York State License to Carry Handgun, New York State Retired Police Identification, and MEDICARE Health Insurance Card.  All of these documents show his last name as "Van W___len."

13.  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:

1.  The applicant contends his DD Form 214 should be corrected to show his last name as "Van W___len," instead of Van W___en." 

2.  The available evidence shows that on every document the applicant signed during his period of active service, except for this DD Form 214,  he consistently spelled his last name as "Van W___len."  Even though some of the documents in his record show his last name is misspelled, he never signed his last name as "Van W___en"; therefore, the evidence is sufficient to correct his DD Form 214 to show his last name as it is listed on his DD Form 398.

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 in item 1b of his DD Form 214 and adding "Van W___len" as it is listed on his DD Form 398.



      _____________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)                                         AR20100000077



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ABCMR Record of Proceedings (cont)                                         AR20110013947



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