IN THE CASE OF:	  

		BOARD DATE:  29 November 2012

		DOCKET NUMBER:  AR20120010027 


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 his last name as "Shu____" instead of "Sch_____."

2.  The applicant states throughout his military service his last name was incorrectly spelled as "Sch_____."  Upon discharge, he tried to have it corrected, but he was unable to do so and was instructed to sign his name as "Sch_____."

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his birth certificate. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Although the applicant lists a Veterans Service Technician as Counsel, he did not render a request on the applicant's behalf.

2.  Counsel provides no additional statement. 

3.  Counsel provides no additional evidence.

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.  The applicant's record contains a DD Form 398 (Statement of Personal History) dated 27 June 1971, completed at the time of his recruitment.  Item 1 (First Name - Middle Name - Last Name) shows the applicant's last name was printed in blue ink as "Shu____."  In black ink, the letter "c" appears to have been inserted between the "S" and "h" in the spelling of his last name.  

3.  Item 10 (Family) of his DD Form 398 lists the applicant's family members.  In each instance the family member listed has a last name of "Shu____."  However, the applicant subsequently authenticated the document with the last name of his signature as "Sch_____." 

4.  The applicant enlisted in the Regular Army on 4 August 1971.  The DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the spelling of his last name as "Sch_____."  On 4 August 1971, the applicant authenticated this document by signing his name as it is listed on the document confirming the information contained therein was correct at the time.  

5.  The applicant's record contains numerous documents which he authenticated with his signature.  In every instance, the applicant signed his last name as "Sch_____."

6.  The applicant's record contains a Letter of Commendation issued by the Commander, Headquarters, 2d Battalion, 62d Artillery, dated 12 July 1973, which lists the applicant's last name as "Shu_____."

7.  The applicant was honorably released from active duty on 25 July 1973 and transferred to the U.S. Army Reserve Control Group (Annual Training).  The applicant's DD Form 214 reflects the spelling of his last name as "Sch_____."  

8.  The applicant provides a copy of his birth certificate which shows the spelling of his last name as "Shu____."



9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs 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 be complete and accurate.  This regulation has historically stated that item 1 (Name) on the DD Form 214 will contain the name taken from the Soldier's personnel record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 398 lists the spelling of his family members’ last name as Shu____.  His Letter of Commendation and birth certificate reflect the spelling of his last name as "Shu____."

2.  The evidence of record appears to show the applicant listed the spelling of his last name as "Shu____" upon recruitment, and he has subsequently provided evidence of the proper spelling of his last name at birth.  

3.  It appears a mistake further perpetuated by the applicant repeatedly misspelling his name on official documents resulted in his last name being inadvertently misspelled throughout the vast majority of his military records and on his DD Form 214 at the time of separation.  

4.  However, the evidence presented is sufficient to justify relief; therefore, he is entitled to correction of his DD Form 214 to show the spelling of his last name as "Shu____."

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 from item 1 of his DD Form 214 and replacing it with the last name spelled as it is listed on his birth certificate.




      _______ _  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)                                         AR20120010027



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ABCMR Record of Proceedings (cont)                                         AR20120010027



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