IN THE CASE OF:
BOARD DATE: 30 May 2013
DOCKET NUMBER: AR20120020208
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 (Armed Forces of the United States Report of Transfer or Discharge) to show in:
* Item 8 (Place of Birth) - the word "Grafton" instead of "Gratton"
* Item 10b (Selective Service Local Board Number, City, County, State and Zip Code) - the word Grafton instead of "Gratton"
* Item 21 (Home of Record) - the county as "Taylor" instead of "Tabor"
2. The applicant states his DD Form 214 shows an incorrect spelling of his town and county.
3. The applicant did not provide any 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. In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History). He listed:
* His place of birth as the town of "Grafton" in the county of "Taylor"
* His permanent mailing address as "XXX Love Avenue, Grafton, WV"
* The town of "Grafton" as the town where he attended high school
* The town of "Grafton" as residence/address of various relatives
3. He enlisted in the RA on 20 March 1967. His DD Form 4 (Enlistment Record - Armed Forces of the United States) listed the spelling of the contested town as "Grafton" anywhere this town is mentioned on this form. He authenticated this form by placing his signature in the appropriate place.
4. His records contain several official personnel documents including the below documents listing the spelling of his town as "Grafton":
* Record of Emergency Data
* U.S. Army Request for National Agency Check
* Report of Medical History
* Report of Medical Examination
5. He was honorably released from active duty on 22 December 1969. His DD Form 214 shows in:
* Item 8 - "Gratton, WV"
* Item 10b - "LB Number 29 Gratton, WV"
* Item 21 - "XXX Love Avenue, Grafton (Tabor) WV 26354"
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows upon his enlistment in the Army, the applicant listed his place of birth and home of record as the town of "Grafton" in the county of "Taylor." The spelling of this town and county is consistent throughout his military service. It appears the town and the county were both inadvertently misspelled on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show the correct spelling.
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 items 8 and 10b the misspelled town of "Gratton" and adding the town "Grafton"
* Deleting from item 21 the misspelled county "Tabor" and adding the county "Taylor"
___________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) AR20120020208
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120020208
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090020470
Application for correction of military records (with supporting documents provided, if any). 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 the applicant did not request correction of item 10b of his DD Form 214, it appears this entry was transcribed in error; therefore, it would...
ARMY | BCMR | CY2009 | 20090004014
IN THE CASE OF: BOARD DATE: 9 JULY 2009 DOCKET NUMBER: AR20090004014 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant's military record is not available to the Board for review.
ARMY | BCMR | CY2013 | 20130006519
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 18 November 1952 as follows: * item 10 (Date of Birth (DOB)) to show his year of birth as 1930 vice 1950 * item 14 (Selective Service Local Board Number (City, County, State)) to show the spelling of the county as Natrona vice Netrona 2. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR...
ARMY | BCMR | CY2012 | 20120007875
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the spelling of his last name as "__eu___" instead of "__ue___." He also requests his birthplace and home address be changed to show Gorham, IL instead of Gorhan, IL.
ARMY | BCMR | CY2011 | 20110013263
Application for correction of military records (with supporting documents provided, if any). A DD Form 215 (Correction to DD Form 214) was issued on 24 March 1971 correcting item 12 to show Company C. This issue will not be further discussed in this Record of Proceedings. ______________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.
ARMY | BCMR | CY2010 | 20100028624
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Vietnam Service Medal, National Defense Service Medal, and Republic of Vietnam Campaign Medal. It appears he met the regulatory requirements for the first award of the Army Good Conduct Medal based on a qualifying period of service from 19 November 1964 through 17 November 1967. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2012 | 20120010027
ARMY | BCMR | CY2013 | 20130020409
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. his last name spelled as Morsxxx; and b. the county in item 21 (Home of Record) spelled as Anne Arundel. The applicant's record contains a DD Form 398 (Statement of Personal History), dated 5 March 1968, that he completed during his induction processing that shows he spelled his last name as Morsxxx. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2010 | 20100010500
A review of the FSM's official military records shows his last name is spelled the same on every document contained therein as it is spelled on his DD Form 47. His official records show he served in the Army spelling and signing his name with an "e" as the fourth letter in his last name and there is no evidence that shows he ever made an attempt to change the spelling while he was in the Army or after his release. The applicant is advised that a copy of the decisional document, along with...
ARMY | BCMR | CY2011 | 20110006403
Application for correction of military records (with supporting documents provided, if any). This spelling of his last name is consistent with the spelling of his last name on all official military records throughout his military service. __________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.