BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110018342
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 the spelling of his last name on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 April 1991.
2. He states his last name is misspelled "Winsor" on his DD Form 214; the actual spelling is "Windsor."
3. He states he provides copies of his DD Forms 214; however, these documents were not included with his application.
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. On 4 January 1991, the U.S. Total Army Personnel Command, St. Louis, MO, issued Orders A-01-009000 ordering the applicant to active duty in support of Operation Desert Shield with a reporting date of 7 January 1991. The orders show his last name as "Windsor."
3. On 11 April 1991, the U.S. Army Infantry Center and Fort Benning, Fort Benning, GA, issued Orders 101-161 releasing him from active duty effective 19 April 1991. The orders show his last name as "Winsor."
4. His DD Form 214 for the period ending 19 April 1991 shows his last name as "Winsor." A DD Form 215 (Correction to DD Form 214) issued on 1 May 1992 also shows his last name as "Winsor."
5. A review of his official military personnel file shows that, with the exception of the three documents cited above showing the last name "Winsor," his last name was recorded as "Windsor" throughout his military service.
DISCUSSION AND CONCLUSIONS:
The applicant enlisted and served under the last name "Windsor." His last name was misspelled on the orders releasing him from active duty in April 1991 and the misspelling was carried forward to his DD Form 214. He is entitled to correction of his DD Form 214 for the period ending 19 April 1991 to show his last name as "Windsor."
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
amending his DD Form 214 for the period ending 19 April 1991 to show the spelling of his name as shown on his DA Form 2-1.
__________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) AR20110018342
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ABCMR Record of Proceedings (cont) AR20110018342
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