IN THE CASE OF:	  

		BOARD DATE:	 14 February 2012

		DOCKET NUMBER:  AR20110017052 


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 a different spelling of his last name.

2.  The applicant states, in effect:

* the midwife misspelled his last name at the time of his birth
* he had the name corrected on his Certificate of Birth on 23 August 1972
* he is going to be buried at Abraham Lincoln National Cemetery
* he needs his name corrected so "they" don't misspell his name again
* he was told he needed to have his Army records corrected

3.  The applicant provides: 

* a self-authored, handwritten letter, dated 17 August 2011
* DD Form 214
* Certificate of Birth

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 applicant’s military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  Information contained in these ABCMR Proceedings was obtained from the documents submitted by the applicant.

3.  The applicant was a member of the U.S. Army Reserve (USAR).  He was called to active duty from Reserve duty, effective 21 August 1958.

4.  After completing 10 months and 18 days of net service this period, he was released from active duty (REFRAD) on 8 July 1959, as an overseas returnee, prior to the expiration of his term of service.

5.  His DD Form 214 shows his last name begins with a C.

6.  The applicant submits a copy of his Certificate of Birth.  Item 2 (Full Name of Child) shows his last name begins with a C.  However, the last name has been stricken and handwritten in without the C.  The same action was taken in item 8 (Full Name – Father).  There is a stamp on the certificate which reads "Amended On" and handwritten next to that stamp is the date 23 August 1972.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a clear-cut record of active duty service at the time of REFRAD, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The available evidence suggests he served in the military spelling his last name with a C.  That spelling was used throughout his military service and is currently shown on his DD Form 214.  As previously stated, the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a clear-cut record of active duty service at the time of REFRAD, retirement, or discharge.

3.  While he may have had his last name corrected or changed after he completed his service, his DD Form 214 properly shows the last name under which he served.

4.  The applicant is advised that a copy of this decisional document, along with his application will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record, and satisfy his desire to have his name documented in his record.

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 that 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)                                         AR20110017052



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ABCMR Record of Proceedings (cont)                                         AR20110017052



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