Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120001649
Original file (20120001649.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120001649 


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 correct spelling of his last name.

2.  The applicant states that the second and third letters in his last name were reversed.

3.  The applicant provides copies of his DD Form 214 and his birth certificate.

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 following documents filed in the applicant's Official Military Personnel File (OMPF) show his last name spelled in the manner he now claims to be correct.

* DA Form 20 (Enlisted Qualification Record)
* DA Form 41 (Record of Emergency Data)
* DD Form 398 (Statement of Personal History)

3.  On 19 November 1967, the applicant was released from active duty.  He had completed 1 year, 11 months, and 24 days of creditable active duty service.

4.  The applicant's DD Form 214 shows the spelling of his last name with the second and third letters in a reversed order from what is shown on the documents listed above.

5.  The birth certificate provided by the applicant shows his last name spelled in a like manner as shown on the records listed in paragraph 2 above.

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 applicant contends that his DD Form 214 should be corrected because the second and third letters in his last name were reversed.

2.  The evidence of record clearly shows that the spelling of his name on his DD Form 214 differs from that shown on his DA Form 20, DA Form 41, and DD Form 398.  Therefore, his DD Form 214 should be corrected.

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 to show his last name spelled as shown on his DA Form 20, DA Form 41, and DD Form 398.




      _______ _   __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)                                         AR20120001649





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001649



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2015 | 20150004223

    Original file (20150004223.txt) Auto-classification: Approved

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the spelling of her last name as W__eich instead of W__ich. Based on the evidence of record and the evidence provided by the applicant, her DD Form 214 should be corrected to show her last name spelled as shown on her DD Form 398-2. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 to...

  • ARMY | BCMR | CY2010 | 20100000810

    Original file (20100000810.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal (ARCOM) and correction of his name on his ARCOM medal. The evidence of record shows the applicant was awarded the ARCOM by appropriate orders for the period 6 August 1980 through 16 August 1981. The evidence of record shows that the applicant's last name is correctly spelled without the letter "H" in the second character and that his last...

  • ARMY | BCMR | CY2013 | 20130004288

    Original file (20130004288.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 17 October 2013 DOCKET NUMBER: AR20130004288 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His records contain: a. a DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 1 October 1969, that shows his last name typed with the fifth and sixth characters shown as "LE" and his signature as "EL" in those same positions; b. a DD Form 398 (Statement of Personal History), dated 2 November 1970, that shows the fifth and sixth characters in his...

  • ARMY | BCMR | CY2014 | 20140008244

    Original file (20140008244.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). His DD Form 47 (Record of Induction) listed his middle name as "Oluf." The evidence of record shows the applicant used the middle name "Oluf" upon his induction into the AUS.

  • ARMY | BCMR | CY2012 | 20120008121

    Original file (20120008121.txt) Auto-classification: Approved

    His record contains the following documents that show his last name beginning with "O'C": * DD Form 369 (Police Record Check) * DD Form 398 (Statement of Personal History) * DA Form 873 (Certificate or Clearance and/or Security Determination) * Veterans Administration (VA) Form 29-8286 (Servicemen's Group Life Insurance Election) 4. The applicant's last name as shown on his DD Form 4, DD Form 398, DD Form 369, DA Form 873, VA Form 29-8286, certificate of achievement, and all other available...

  • ARMY | BCMR | CY2013 | 20130009916

    Original file (20130009916.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2013 | 20130004440

    Original file (20130004440.txt) Auto-classification: Approved

    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 "DUXXX" * his social security number (SSN) as "XXX-5X-XXXX" 2. A review of his records also shows the spelling of his last name as "DUXXX" appears on all documents to include the following forms: * DA Form 20 * DD Form 4 (Enlistment Record), dated 24 July 1967 * DD Form 398, dated 23 July 1967 * DD Form 1584, dated 1 August...

  • ARMY | BCMR | CY2014 | 20140009373

    Original file (20140009373.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name is spelled "Xxxxxguez" instead of "Xxxxxquez." His records contain the following documents showing his last name is spelled "Xxxxxguez": * DD Form 398 (Statement of Personal History) * DD Form 47 (Record of Induction), dated 10 December 1965 * Special Orders Number 113, dated 10 December 1965 * DA Form 41 (Record of Emergency Data), dated 25 August 1966 * DA Form...

  • ARMY | BCMR | CY2011 | 20110013947

    Original file (20110013947.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2012 | 20120005388

    Original file (20120005388.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). 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 "K-a-" instead of "K-r-." The applicant's service record contains documents that show the spelling of his last name as "K-a-," as spelled on the copy of his California Driver License he provided.