IN THE CASE OF:
BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120003126
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 the spelling of his last name in item
1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states the correct spelling of his last name is Kxxly not Kxxley.
3. The applicant provides 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 applicant's DD Form 398 (Statement of Personal History), dated
25 August 1967, and his enlistment contract show his last name as Kxxly. He enlisted in the Regular Army on 8 January 1968 for a period of 3 years. He served as an engineer equipment repairman in Vietnam from 9 June 1969 to
9 June 1970. He was released from active duty on 7 January 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 1 of his DD Form 214 shows the spelling of his last name as Kxxley.
4. The majority of his service personnel records show the spelling of his last name as Kxxly.
5. He provided a copy of his birth certificate that shows the spelling of his last name as Kxxly.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows his last name as Kxxly at the time of enlistment in 1968. Therefore, it would be appropriate to correct item 1 of his DD Form 214 to reflect his last name as it is listed on his enlistment contract.
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 in item 1 of his DD Form 214 and adding his last name as it is listed on his enlistment contract.
_______ _ __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) AR20120003126
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ABCMR Record of Proceedings (cont) AR20120003126
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