IN THE CASE OF:	  

		BOARD DATE:  20 November 2012

		DOCKET NUMBER:  AR20120008846 


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 records to show the correct spelling of his last name.

2.  The applicant states the correct spelling of his last name is "Hofmann"; however, some of his official Army records have his last name as "Hoffman."

3.  The applicant provides his Certificate of Birth and social security card.

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.  A Standard Form (SF) 89 (Report of Medical History), dated 27 February 1964, completed by the applicant for the purpose of his pre-induction medical examination shows in item 1 (Last Name - First Name - Middle Name) that he entered, in part, "HOFMANN" and he signed the document with that last name.

3.  A DD Form 47 (Record of Induction) shows the applicant was inducted on
15 July 1964.  Item 1 (Last Name - First Name - Middle Name) shows his last name as "HOFFMANN."  The document did not require the applicant's signature.

4.  An Acknowledgement of Service Obligation shows the applicant's last name as "HOFFMANN" and that he signed the document with that last name.

5.  A DA Form 428 (Application for Identification Card), dated 23 July 1964, shows in item 1 (Last Name - First Name - Middle Name) his last name as "HOFMANN" and that he signed the document with that last name.

6.  A review of the applicant's military personnel records shows there are documents with his last named spelled as "Hofmann" and also "Hoffmann."

7.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he entered active duty on 15 July 1964, he was honorably released from active duty on 18 July 1966, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  He had completed 2 years of active service.  It also shows in:

   a.  item 1 (Last Name - First Name - Middle Name), in part:  "HOFFMANN"; and

   b.  item 34 (Signature of Person Being Transferred or Discharged), in part: that he signed the document with the last name of "Hofmann."

8.  In support of his request, the applicant provides the following documents:

   a.  Flushing Hospital, Certificate of Birth, that shows the last name of both the applicant and his parents was recorded as "Hofmann"; and

   b.  Social security card that shows his last name is "HOFMANN" and that he signed the card with that last name.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  It states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record and orders.  It shows for item 1:  enter last name, first name, and full middle name or names, if any.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that at the time of the applicant's pre-induction medical examination, he recorded his last name on the medical record as "Hofmann."  However, upon induction in the U.S. Army, the applicant's last name was incorrectly recorded in his military service record as "Hoffmann."  

2.  The evidence of record shows that both spellings of the last name were recorded on documents in his official military service records throughout his military service.

3.  Therefore, it would be appropriate to correct the applicant's record as recommended below.

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 entry "Hofmann."



      _______ _  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)                                         AR20120008846



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ABCMR Record of Proceedings (cont)                                         AR20120008846



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