IN THE CASE OF:
BOARD DATE: 16 May 2013
DOCKET NUMBER: AR20120019051
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 first name spelled as "C---L-S" instead of "C---I-S."
2. The applicant states he believes it is a typographical error.
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. The applicant's complete military record is 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 many of his records were lost or destroyed in that fire. However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case. This case is being considered using reconstructed records, which primarily consist of his DD Form 214 and assorted documents which remain in the applicant's service record.
3. Records show he was inducted into the Army of the United States on 26 February 1957 and served in military occupational specialty 715.20 (Medical Records Clerk).
4. His records contain Special Order Number 37, issued by Headquarters, Fort Carson, CO, dated 13 February 1959, which shows the spelling of his first name as "C---L-S." His Service Number is shown as "US-------1."
5. On 25 February 1959, he was honorably released from active duty and transferred to the U.S. Army Reserve Michigan. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows the spelling of his first name as "C---I-S." Item 2 (Service Number) is listed as "US-------1."
6. 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 spelling of his first name is consistent with the spelling of his first name on a document contained in his official military records bearing the same Service Number. It appears his first name was inadvertently misspelled 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 first name as "C---L-S."
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 first name "C---I-S" from item 1 of his DD Form 214 and replacing it with the first name "C---L-S" as shown in Special Order Number 37.
_______ _ __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) AR20120019051
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120019051
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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