IN THE CASE OF:
BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120011017
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 spelled as "M___S" instead of "M___Z."
2. The applicant states he wants his tombstone to show he is Portuguese, not Spanish.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States 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 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. His records show he enlisted in the Regular Army on 12 March 1968. Item 5 (Last Name First Name Middle Name) of his DD Form 4 (Enlistment Contract Armed Forces of the United States) lists the spelling of his last name as "M___Z." However, the applicant authenticated this document with his signature as "M___S."
3. The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows the spelling of his last name as "M___Z." He reviewed this form at a later date and authenticated it by placing his signature in item 47 (Signature of Individual) using "M___S" as the spelling of his last name.
4. His records contain several personnel and medical documents, to include his DD Form 398 (Statement of Personal History), and various orders which show the spelling of his last name as "M___S." He authenticated some of these forms, as required, by placing his signature in the appropriate place using the spelling of his last name as he requests.
5. On 14 October 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows the spelling of his last name as "M___Z."
6. His record contains Letter Orders Number 02-1069169, dated 27 February 1974, issued by the U.S. Army Reserve Components Personnel and Administration Center which shows he was honorably discharged from the Ready Reserve on 1 March 1974 for expiration of term of service. His last name is listed as "M___S" on these orders.
7. 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 should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant listed the spelling of his last name as "M___S" upon his enlistment. This spelling of his last name is consistent with the spelling of his last name on several documents contained in his official military records throughout his military service. He authenticated several forms which contain this spelling of his last name. It appears his last name was inadvertently misspelled at various times throughout his service and on his DD Form 214 at the time of his separation. Therefore, he is entitled to correction of his DD Form 214 to show the spelling of his last name as "M___S."
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 "M___Z" from item 1 of his DD Form 214 and replacing it with the last name "M___S" as shown in Letter Orders Number 02-1069169.
______________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) AR20120011017
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ABCMR Record of Proceedings (cont) AR20120011017
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