IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120005045
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 last two letters of his last name as "es" vice "is."
2. The applicant states his last name is spelled wrong on his DD Form 214.
3. The applicant provides his DD Form 214, a driver license, and two health insurance cards.
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 enlisted in the Regular Army (RA) on 16 July 1962 and he held military occupational specialty 16C (Hercules Fire Control Crewmember).
3. In conjunction with his enlistment, the applicant completed a Standard Form (SF) 89 (Report of Medical History), dated 16 July 1962, wherein his last name is typed on the form with the last two letters as "es." He authenticated this form by placing his signature in the appropriate block with the last two letters of his last name as "es."
4. An SF 88 (Report of Medical Examination), dated 16 July 1962, shows his last name with the last two letters as "es."
5. His DD Form 4 (Enlistment Record - Armed Forces of the United States) completed at the time of his enlistment shows his last name with the last two letters as "is."
6. His DA Form 24 (Service Record) created upon entry on active duty and covering the period 16 July 1962 to 15 July 1965 shows his last name with the last two letters as "es."
7. His record contains several orders, personnel, and medical documents that show his last name with the last two letters as "es."
8. Special Order Number 196, issued by Headquarters, U.S. Army Personnel Center, Fort Hamilton, NY, dated 15 July 1965, released the applicant from active duty effective the same date. These orders show his last name with the last two letters as "es."
9. He was honorably released from active duty on 15 July 1965 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. He completed 3 years of total active service.
10. Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows his last name with the last two letters as "is."
11. The applicant provides a State of New Jersey Auto Driver License, issued on 6 October 2011, that shows his last name with the last two letters as "es."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed his last name with the last two letters as "es" when he underwent his medical examination in conjunction with his enlistment in the RA. This is the last name he used throughout his active service. It appears an error was made on his DD Form 4 when his last name was listed with the last two letters as "is." This error was compounded when his DD Form 214 was created and his last name was listed with the last two letters as "is." Therefore, it would be appropriate to correct his DD Form 214 to show the correct spelling of his last name.
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 show in Item 1 of his DD Form 214 and replacing it with the last name as shown on his New Jersey Auto Driver License.
__________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) AR20120005045
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ABCMR Record of Proceedings (cont) AR20120005045
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