IN THE CASE OF:	  

		BOARD DATE:	    31 May 2012

		DOCKET NUMBER:  AR20110023593 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 27 April 1972 to show his last name as "Mxxxxn" instead of "Mxxxxns." 

2.  The applicant states his last name is misspelled. 

3.  The applicant provides his DD Form 214 ending on 27 April 1972.

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.  He enlisted in the Regular Army (RA) on 9 January 1970.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his last name as "Mullin."  He authenticated this form by placing his signature in the appropriate block using this last name.  His DA Form 873 (Certificate of Clearance and/or Security Determination), dated 4 February 1970, was completed using this last name. 

	a.  He completed a DD Form 398 (Statement of Personal History) in connection with this enlistment and listed his last name as "Mxxxxn."  He also authenticated this form by placing his signature in the appropriate block using this last name. 

	b.  His DA Form 20 (Enlisted Qualification Record), which was created upon entry on active duty, also shows his last name as "Mxxxxn."  He reviewed this form and placed his signature in the appropriate block using this last name.

	c.  He was honorably discharged on 9 September 1970 for the purpose of immediate reenlistment.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) listed his last name as "Mxxxxn."  He authenticated this form with his signature using this last name.

3.  He immediately reenlisted in the RA on 10 September 1970.  His DD Form 4 for this period of service also listed his last name as "Mxxxxn."  He authenticated this form with his signature using this last name. 

	a.  His records contain various personnel and medical documents, award orders, Record of Emergency Data, insurance certificate, and other documents that show his last name as "Mxxxxn."  He authenticated some of these documents by placing his signature in the appropriate block using this last name.

	b.  He was honorably discharged on 9 June 1971 for the purpose of immediate reenlistment.  Item 1 of his DD Form 214 for this period of service listed his last name as "Mxxxxns" (the letter "s" is at the end of the last name).  He authenticated this form with his signature using the last name "Mxxxxn." 

4.  He immediately reenlisted in the RA on 10 June 1971.  His DD Form 4 for this period of service listed his last name as "Mxxxxns" (the letter "s" is at the end of the last name).  He authenticated this form with his signature using the last name "Mxxxxn."  

	a.  On 27 April 1972, he was issued a general discharge.  Item 1 of his DD Form 214 for this period of service listed his last name as "Mxxxxns" (the letter "s" is at the end of the last name).  He authenticated this form with his signature using the last name "Mxxxxn."

	b.  His DD Form 214 was voided as a result of an upgrade action and he was reissued a DD Form 214 reflecting an honorable character of service.  Item 1 of his reissued DD Form 214 listed his last name as "Mxxxxns" (the letter "s" is at the end of the last name).  He did not sign this form.

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, 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 evidence of records shows that at the time of his initial enlistment, the applicant listed his last name as "Mxxxxn."  This last name is consistent with the last name shown on various documents throughout his first and second period of enlistment.  His DD Form 214 for the period ending 9 June 1971 show his last name is inadvertently listed as "Mxxxxns" instead of "Mxxxxn." 

2.  The error was compounded when his DD Form 4, dated 10 June 1971, listed his last name as "Mxxxxns" which led to his DD Form 214 for the period ending 27 April 1972 as well as the reissued DD Form 214 for this period to also list his last name as "Mxxxxns." 

3.  The available evidence supports correction of his DD Forms 214 for the periods ending 9 June 1971 and 27 April 1972 to show the last name as "Mxxxxn" without the letter "s" at the end of the last name.

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:

   a.  deleting the entry in item 1 of his DD Form 214 for the period ending 
9 June 1971 and adding the entry as it is listed on his DA Form 873; and
   
   b.  deleting the entry in item 1 of his DD Form 214 for the period ending 
27 April 1972 and adding the entry as it is listed on his DA Form 873. 



      _______ _  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)                                         AR20110023593



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110023593



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1