IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110024945
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 the spelling of his last name as "P____EN."
2. The applicant states his last name was spelled incorrectly.
3. The applicant provides his DD Form 214, birth certificate, and a Department of Veterans Affairs (VA) corporate award and rating data printout.
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. Prior to his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed "P____EN" as the spelling of his last name and he authenticated this form with his signature using the spelling "P____EN."
3. He enlisted in the Regular Army on 27 December 1966. His DD Form 4 (Enlistment Record Armed Forces of the United States) shows the spelling of his last name as "P____EN." He authenticated this form with his signature using the spelling "P____EN."
4. His record contains a DA Form 20 (Enlisted Qualification Record) which lists his last name spelled as "P____EN." He authenticated this form with his signature using the spelling "P____EN."
5. He was honorably released from active duty on 8 August 1969. His DD Form 214 lists the spelling of his last name as "P____ON." He authenticated this form with his signature using the spelling "P____EN."
6. The applicant provides his birth certificate and a VA corporate award and rating data printout that contains his last name spelled as "P____EN."
DISCUSSION AND CONCLUSIONS:
The applicant's record shows he enlisted under and consistently used the last name of "P____EN" throughout his period of military service. It appears his last name was incorrectly entered on his DD Form 214 as a result of an administrative error. Therefore, his DD Form 214 should be corrected to reflect his last name spelled as "P____EN."
BOARD VOTE:
____x___ ____x___ ____x___ GRANT PARTIAL 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 deleting the last name "P____ON" from his DD Form 214 and replacing it with the last name spelled as shown on his birth certificate.
______________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) AR20110024945
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110024945
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140010118
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 as "HXmmXXX" instead of "HXmXXX." Item 1 (Last Name First Name Middle Name) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his last name as "HXmXXX" and he authenticated the form by signing his name, representing his last name as "HXmXXX." Sometimes he spelled his last name as "HXmXXX" and other times he spelled...
ARMY | BCMR | CY2014 | 20140019072
He also requests the issuance of a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to update his military records. The applicant states his last name was incorrectly spelled on his DD Form 214. Prior to his induction in the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History), wherein he listed "Gxxxexxx" as the spelling of his last name and he authenticated this form with his signature using the...
ARMY | BCMR | CY2012 | 20120010027
ARMY | BCMR | CY2014 | 20140014253
The applicant provides his DD Form 214. His DD Form 4 (Enlistment Contract Armed Forces of the United States), dated 28 June 1968, shows his last name is spelled with two L's and one P and his place of birth is listed as Huntingburg, IN. It appears an error occurred during the preparation of his DD Form 4 when his last name was spelled with two L's and one P. This error continued throughout his active duty service and his last name was consistently spelled with two L's and one P. This...
ARMY | BCMR | CY2011 | 20110011965
Application for correction of military records (with supporting documents provided, if any). Item 1 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his first name as "Philip." The evidence of record shows the applicant used the spelling of his first name as "Philip" upon his enlistment in the Army.
ARMY | BCMR | CY2010 | 20100013059
ARMY | BCMR | CY2012 | 20120004188
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. The evidence of records shows that upon the applicant's induction into the AUS, and despite the fact that his middle name was spelled as "Kelley" on his DD Form 47, he signed an Acknowledgment of Service Obligation with his middle name spelled as "Kelly." __________X_____________ CHAIRPERSON I certify that herein...
ARMY | BCMR | CY2015 | 20150003074
Application for correction of military records (with supporting documents provided, if any). The applicant's DD Forms 4 and all other documents throughout his service, including all of the documents he signed, reflect the spelling of his last name as "WXXXXM." It further appears he did not use the requested name at any time during his period of military service, as it does not appear on any documents contained within his records.
ARMY | BCMR | CY2012 | 20120002891
The applicant's complete military records are not available to the Board for review. However, his reconstructed record contains a copy of a DD Form 214 that shows his first name as "Nathaniel" and his DOB as 26 Jxxx 19xx. _______ _ _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.
ARMY | BCMR | CY2010 | 20100000077
The applicant requests correction of his records to show the spelling of his last name as "F_Y__" instead of "F_I__." His DD Form 47 (Record of Induction) shows the spelling of his last name as "F_I__." The evidence of record shows the applicant used the spelling of his last name as "F_I__" upon his induction into the Army.