IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120003353 


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 first name and to show the correct amount of total active service.

2.  The applicant states the correct spelling of his first name is Bobby but his DD Form 214 is incorrect in that his first name is spelled Boby.  He also contends that the total active service shown on his DD Form 214 is incorrect because it shows only 2 months and 29 days.

3.  The applicant provides a DD Form 214.

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 applicant enlisted in the Regular Army on 1 August 1969 for a period of two years.  His DD Form 398 (Statement of Personal History) shows his first name as Bobby.  His DD Form 4 (Enlistment Contract) shows his first name as Boby.

3.  The documents included in his Official Military Personnel File (OMPF) show an inconsistency in the spelling of his first name in that it was spelled Bobby on some documents and Boby on others.  

4.  He was discharged on 20 December 1971.  His DD Form 214 shows his first name as Boby.  His DD Form 214 also shows a pen and ink correction of his first name to show Bobby.

5.  Item 22a(1) (Net Service this Period) of his DD Form 214 shows he completed 2 months and 29 days of creditable active service.  Item 22a(2) (Other Service) reflects no additional service.

6.  His DD Form 214 further shows that he accrued nonpay periods/time lost during the following periods:

* 17 - 18 August 1969
* 23 August 1969 - 1 September 1970
* 14 September 1970 - 31 July 1971 (normal expiration of term of service (ETS))
* 1 August - 23 October 1971 (subsequent to normal ETS)

7.  Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

8.  Army Regulation 635-5, in effect at the time of the applicant's discharge, provided that for item 22a(1), enter total service completed between the dates shown in items 17c (Date of Entry) and 11d (Effective Date) of the DD Form 214, as represented by continual and foreign service, less time lost under Title 10, U.S. Code, Section 972, and time lost subsequent to normal ETS.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows he listed his first name as both Boby and Bobby throughout his military service; however, as a matter of equity and based on his completion of the DD Form 398, in which he entered his first name as Bobby, it would be appropriate to correct his DD Form 214 to show his first name as Bobby.

2.  Evidence also shows that he enlisted in the Regular Army for a period of two years.  However, evidence further shows he was credited with active duty service during the following periods only:

* 1 - 16 August 1969 (16 days)
* 19 - 22 August 1969 (4 days)
* 2 - 13 September 1970 (11 days)
* 24 October - 20 December 1971 (58 days)

3.  The applicant has not provided any information or documentation showing what he believes is the correct length of his active duty service.

4.  Based on the above periods of service, he was credited with 89 days of active duty service.  Therefore, item 22a(1) of his DD Form 214 which shows 2 months and 29 days of net service appears to be correct.  Therefore, this portion of his request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 first name as Bobby.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show service in excess of 2 months and 29 days.




      _______ _   _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)                                         AR20120003353



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ABCMR Record of Proceedings (cont)                                         AR20120003353



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