IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120007806
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 the spelling of his last name be corrected on three sets of orders.
2. The applicant states he did not realize that his last name was misspelled on the orders awarding him the Distinguished Service Cross, Bronze Star Medal with "V" Device, and Combat Infantryman Badge until it was recently brought to his attention.
3. The applicant provides copies of orders for the Distinguished Service Cross, Bronze Star Medal with "V" Device, Combat Infantryman Badge, and his DD Form 214 (Report of Transfer or Discharge).
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 served on active duty from 4 April 1968 through 11 March 1970.
3. The applicant's DD Form 214 and enlistment documents show the spelling of his last name as _zejbach.
4. Headquarters, 25th Infantry Division Special Orders 337, dated 2 December 1968, awarded the applicant the Combat Infantryman Badge. His Social Security Number (SSN) is correct, but his last name is shown as _zyibach.
5. Headquarters, 25th Infantry Division General Orders Number 2007, dated 22 February 1969, awarded the applicant the Bronze Star Medal with "V" Device. His SSN and Service Number are correct, but his last name is shown as _lyibach.
6. Headquarters, United States Army, Vietnam, General Orders Number 3421, dated 7 September 1968, awarded the applicant the Distinguished Service Cross. His SSN is correct, but his last name is shown as _yiback.
DISCUSSION AND CONCLUSIONS:
1. The applicant's SSN and Service Number on the documents in question are consistent with his other records. However, each set of orders shows a different incorrect spelling of his last name.
2. It is appropriate to correct the records to show the correct spelling of his name on all three set of orders.
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 entering the proper spelling of the applicant's last name, as shown on his DD Form 214, on Headquarters, 25th Infantry Division Special Orders 337, dated 2 December 1968; Headquarters, 25th Infantry Division General Orders Number 2007, dated 22 February 1969; and Headquarters, United States Army, Vietnam, General Orders Number 3421, dated 7 September 1968.
_______ _ _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) AR20120007806
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ABCMR Record of Proceedings (cont) AR20120007806
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