IN THE CASE OF:	  

		BOARD DATE:  29 May 2012

		DOCKET NUMBER:  AR20110023452 


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 is spelled "Vxxxhan" and his correct year of birth is "1941."

2.  The applicant states his last name is incorrectly listed on his DD Form 214 as "Vxxxhn."  He also states his year of birth is incorrectly listed as "1961."  

3.  The applicant provides:

* Birth Certificate
* DD Form 214

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 available military records show he was inducted into the Army of the United States on 16 October 1962.

3.  His record contains, in part:

	a.  DD Form 398 (Statement of Personal History), dated 8 January 1963, that shows his last name is listed as "Vxxxhan" and his year of birth is listed as "1941";

	b.  DD Form 47 (Record of Induction) that shows his last name is listed as "Vxxxhan" and his year of birth is listed as "1941";

	c.  DA Form 41 (Record of Emergency Data) signed by the applicant that shows his last name is listed as "Vxxxhan" and his year of birth is listed as "1941"; 

	d.  DA Form 20 (Enlisted Qualification Record) that shows his last name is listed as "Vxxxhan" and his year of birth is listed as "1941"; and

	e.  DA Form 24 (Service Record) that shows his last name is listed as "Vxxxhan."

4.  All documents contained in his record list his last name as "Vxxxhan" and where applicable his year of birth is listed as "1941."

5.  He was honorably released from active duty on 6 October 1964 and transferred to the U.S. Army Reserve.  His DD Form 214 shows the following:

* Item 1 (Last Name - First Name - Middle Name) his last name is listed as "Vxxxhn"
* Item 6 (DOB) his year of birth is listed as "1961"

6.  He provides a copy of a State of West Virginia Birth Certificate issued on 16 January 1960.  This document identifies a male registrant with the same first and middle name as the applicant and the last name is listed as "Vxxxhan;" the year of birth is listed as "1941."

7.  Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated 
the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active service.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was inducted into the Army of the United States on 16 October 1962.  At the time of induction and throughout his period of active service his last name was listed as "Vxxxhan."  All documents contained his service record lists this last name.  He was issued a DD Form 214 and the last name is listed incorrectly.  Therefore, his DD Form 214 should be corrected to show the correct spelling of his last name.

2.  The DD Form 214 he was issued lists his birth year as "1961."  However, a 
DD Form 398 he completed and all applicable documents in his service records list his year of birth as "1941."  Therefore, he is entitled to correction of his 
DD Form 214 to show his correct year of birth.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 amending his DD Form 214 by:

	a.  deleting the entry in Item 1 and listing the name as it is listed on his
DD Form 398; 

   b.  deleting the entry Item 6 and adding the DOB as it is listed on his 
DD Form 398; and
   
   
   
   
	c.  providing the individual a document to show the above corrections.


      __________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)                                         AR20110023452



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ABCMR Record of Proceedings (cont)                                         AR20110023452



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