BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120020722
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 (Certificate of Release or Discharge from Active Duty) to show his last name spelled as "Schinxxx" instead of "Shinexxx."
2. The applicant states his last name is incorrectly spelled as "Shinexxx" on his DD Form 214.
3. The applicant provides:
* DD Form 214
* record of birth certificate
* social security card
* driver's license
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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 20 September 1984 and was discharged on 16 July 1985. He enlisted in the Regular Army (RA) on 17 July 1985 for 3 years.
3. His record contains:
* a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) which shows his last name spelled as "Schinxxx"
* a DD Form 93 (Record of Emergency Data) signed by the applicant which shows his last name spelled as "Schinxxx"
* a DA Form 2-1 (Personnel Qualification Record Part II) which shows his last name spelled as "Schinxxx"
* a driver's license which shows his last name spelled as "Schinxxx"
4. The majority of documents contained in his record show his last name spelled as "Schinxxx."
5. He was honorably released from active duty on 22 April 1988 and he was transferred to the USAR Control Group (Reinforcement). His DD Form 214 shows his last name spelled as "Shinexxx."
6. Orders C-07-029373 issued by the USAR Personnel Center, dated 16 July 1988, released him from the USAR for enlistment in the Minnesota Army National Guard. The orders show his last name spelled as "Schinxxx."
7. The applicant provides the following:
* a record of birth certificate shows his last name spelled as "Schinxxx"
* a social security card which shows his last name spelled as "Schinxxx"
* a driver's license which shows his last name spelled as "Schinxxx"
8. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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 the applicant enlisted in the USAR DEP and RA under the last name spelled as "Schinxxx." The majority of documents contained in his service records show his last name spelled as "Schinxxx." He was issued a DD Form 214 that shows his last name is misspelled. Therefore, his DD Form 214 should be corrected to show the spelling of his last name as "Schinxxx."
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 from his DD Form 214 the current last name entry and replacing it with the last name as shown on his DD Form 4 and record of 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) AR20120020722
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