IN THE CASE OF:
BOARD DATE: 10 October 2013
DOCKET NUMBER: AR20130003480
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 the correct spelling of his last name.
2. The applicant states he believes it was an administrative error made at the time of his separation.
3. The applicant provides copies of his DD Form 214 and Birth Certificate.
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 was inducted into the Army on 17 March 1966. His DD Form 47 (Record of Induction) shows his last name is spelled as shown on his Birth Certificate.
3. On 26 May 1966, the applicant was honorably discharged due to physical disability. His last name is spelled differently on his DD Form 214 than it is spelled on his Birth Certificate.
4. A review of the documents contained in the applicant's Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File, shows his last name is spelled as shown on both his Birth Certificate and his DD Form 214.
5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. Although his last name is spelled both ways on documents contained in his AMHRR, he provides a copy of his Birth Certificate showing the correct spelling of his last name; therefore, it would be appropriate to correct the spelling of his last name on his DD Form 214.
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 amending his DD Form 214 to show the spelling of his last name as shown 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) AR20130003480
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