IN THE CASE OF:
BOARD DATE: 10 July 2012
DOCKET NUMBER: AR20120001089
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 (Report of Separation from Active Duty) to show the correct spelling of his last name.
2. The applicant states his last name should "-----g---" instead of "-----q---."
3. The applicant provides copies of his DD Form 214 and his Permanent Resident Card.
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's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army on 29 July 1974, using a last name spelled as "-----g---."
3. The applicant's DA Form 2-1 (Personnel Qualification Record), prepared on
5 February 1975, and last reviewed by the applicant on 17 June 1976, shows his last name as "-----g---" and that he signed his name in a like manner.
4. On 26 July 1976, the applicant was honorably released from active duty by reason of short length of time remaining on active duty precludes reassignment. He completed 1 year, 11 months, and 28 days of total active service.
5. The applicant's DD Form 214 shows the spelling of his last name as "-----q---."
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the correct spelling of the applicant's last name as "-----g---." It appears that during the preparation of his DD Form 214 as administrative error occurred that resulted in the misspelling of his last name.
2. In view of the foregoing, the applicant's DD Form 214 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
deleting from his DD Form 214 the current last name entry and replacing it with the last name as shown on his Permanent Resident Card.
_______ _ 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) AR20120001089
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ABCMR Record of Proceedings (cont) AR20120001089
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