IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120002160
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 the correct spelling of his last name should be "V-----ru-" instead of "v-----ur-."
3. The applicant provides a Department of Veterans Affairs (DVA) Rating Decision, dated 30 October 2007.
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 was inducted into the Army of the United States on 26 April 1966. His record contains an Armed Forces Examining and Entrance Station (AFEES) Form 120 (Armed Forces Induction Station Acknowledgement of Service Obligation), completed by the applicant, dated 26 April 1966. The applicant's typed and signed last name is shown as "V-----ru-."
3. He completed training and he was awarded military occupation specialty 11E (armor crewman). He was honorably released from active duty on 13 April 1968 as an overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 11 months, and 12 days of total active service. The
DD Form 214 he was issued at the time shows his last name as "V-----ur-."
4. He provided a DVA Rating Decision, dated 30 October 2007, that shows his last name "V-----ru-."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows his last name as "V-----ru-" at the time of induction. It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in the inversion of two letters of his last name. Therefore, it would be appropriate at this time to correct item 1 of his
DD Form 214 to reflect this last name as shown on his AFEES Form 120.
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 the last name as shown on his DD Form 214 and replacing it with the last name as shown on his AFEES Form 120.
__________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) AR20120002160
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ABCMR Record of Proceedings (cont) AR20120002160
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