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 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 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
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ABCMR Record of Proceedings (cont) AR20120001649
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