BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120007793
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 his:
* Last name as "Geoxxxxxas" instead of "Goexxxxxas" (the letters "eo" instead of "oe" in the second and third digits)
* Date of induction as 11 September 1967 vice 11 September 1969
2. The applicant states the last name and date of induction are listed incorrectly on his DD Form 214. These typographical errors affect his eligibility for benefits.
3. The applicant provides his 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 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 records show he was inducted into the Army of the United States on 11 September 1967. His DD Form 47 (Record of Induction) shows his last name as "Geoxxxxxas" (the letters "eo" in the second and third digits).
3. In connection with his induction, he completed a DD Form 398 (Statement of Personal History), on 14 September 1967, wherein he listed his last name as "Geoxxxxxas" (the letters "eo" in the second and third digits). He authenticated this form by placing his signature in the appropriate block using this last name.
4. His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his last name as "Geoxxxxxas." He reviewed this form at a later date and placed his signature using this last name.
5. Multiple documents in his service personnel record list his last name as "Geoxxxxxas." He authenticated some of these documents, as required, by placing his signature in the appropriate block:
* DA Form 41 (Record of Emergency Data)
* Armed Forces Security Questionnaire
* DA Form 3208 (Worksheet for National Agency Check Request)
* DD Form 1584 (National Agency Check Request)
6. The applicant was honorably released from active duty on 15 April 1969. His DD Form 214 shows in:
* Item 1 (Last Name First Name Middle Name) his last name as "Goexxxxxas" (the letters "oe" instead of the letters "eo" in the second and third digits)
* Item 10c (Date Inducted) - "11 SEP 69 (11 September 1969)"
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was inducted on 11 September 1967. His DD Form 214 inadvertently listed his date of induction as 11 September 1969. Therefore, he is entitled to correction of his DD Form 214 to show the correct year as "1967."
2. At the time of his induction, the applicant listed his last name as "Goexxxxxas" (the letters "eo" in the second and third digits). This last name is consistent with the last name shown on various documents throughout his first period of military service. His DD Form 214 also inadvertently listed his last name as "Goexxxxxas" (the letters "oe" instead of the letters "eo" in the second and third digits). Therefore, he is also entitled to correction of his DD Form 214 to show the correct 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 from item 1 of his DD Form 214 the last name "Goexxxxxas" and replacing it with the last name "Geoxxxxxas"
* deleting from item 10c of his DD Form 214 the entry "10 SEP 69" and replacing it with the entry "11 SEP 67"
_______ _ 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) AR20120007793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120007793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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