IN THE CASE OF:
BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110017556
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 first name on his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 August 1970.
2. The applicant states that his first name on his DD Form 214 should be corrected to show "Baxxx" instead of "Bexxx."
3. The applicant provides no additional documentation in support of this case.
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 was inducted into the Army of the United States on 27 August 1968.
3. The applicants entire Military Personnel Records Jacket (MPRJ) shows his first name as Baxxx except for item 1 (Last Name, First Name, Middle Name) on his DD Form 214 that shows his first name as Bexxx. On 26 August 1970, the applicant was honorably released from active duty. Item 32 (Signature of Person Being Transferred or Discharged) of his DD Form 214 shows he signed his first name as "Baxxx."
4. The applicants MPRJ contains a DD Form 47 (Record of Induction), dated
28 August 1968 and Special Orders Number 130, issued by the 1st Battalion, 60th Artillery, dated 4 August 1970 showing his first name as Baxxx.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 for the period ending 26 August 1970 erroneously shows his first name as Bexxx. His DD Form 47 and Special Orders Number 130, dated 4 August 1970 confirm that his DD Form 214 is incorrect. The preponderance of evidence supports his contention that first name on his
DD Form 214 incorrect. Therefore, his DD Form 214 should be corrected to reflect his first name as Baxxx as shown on his DD Form 47.
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 from item 1 of his DD Form 214 and adding his name as it is listed on his DD Form 47.
_______ _ 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) AR20110017556
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110017556
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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