IN THE CASE OF:
BOARD DATE: 25 OCTOBER 2012
DOCKET NUMBER: AR20120007852
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 (Report of Separation from the Armed Forces of the United States) to show the correct spelling of his last name.
2. The applicant states his last name is incorrect due to human errors.
3. The applicant provides:
* his Certificate of Birth
* 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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on
21 November 1950. He was honorably released from active duty on
12 November 1952 prior to the expiration of his term of service. He completed
1 year, 11 months, and 22 days of net active service. He was transferred to the Enlisted Reserve Corps to complete his remaining service obligation.
4. The DD Form 214 he was issued at the time shows in:
* item 1 (Last Name First Name Middle Name) the spelling of his last name as "S--c-----
* item 48 (Signature of Person Being Separated) he clearly signed his last name as "S--e-----, the last name he claims is correct
5. The applicant provides a copy of his Certificate of Birth that shows the spelling of his last name as "S--e-----."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his last name is "S--e-----" and his Certificate of Birth supports this contention.
2. His legible signature on his DD Form 214 shows his last name as "S--e-----." Therefore, it would be appropriate to correct item 1 of his DD Form 214 to reflect his last name as shown on his Certificate of Birth signature on his DD Form 214 in 1952.
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 current last name entry and replacing it with the correct spelling of his last name as shown on his Certificate of Birth and signed last name signature on his DD Form 214.
_______ _ 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) AR20120007852
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120007852
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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