IN THE CASE OF:
BOARD DATE: 10 October 2013
DOCKET NUMBER: AR20130004210
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 the correct spelling of his last name is L-n------ instead of L-m------. He would like to be issued a DD Form 215 (Correction to DD Form 214) to reflect the correct spelling of his last name.
3. The applicant provides his Ohio Driver License and Medicare Health Insurance card.
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 of the United States on 13 May 1968. His DD Form 47 (Record of Induction) shows his last name as L-n------.
3. The applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), contains a DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450), dated 10 December 1968, that shows his last name as L-n------.
4. Other documents in the applicant's AMHRR fluctuate between the correct and incorrect spelling of his last name.
5. On 14 December 1969, the applicant was honorably discharged as an overseas returnee. Item 1 (Last Name First name Middle Name) of the
DD Form 214 he was issued at the time shows his last name as L-n------.
6. Special Orders Number 348, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 14 December 1969, assigned the applicant to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. These orders show his last name as L-n------.
7. He provides his Ohio Driver License and Medicare Health Insurance card. Both documents show the spelling of his last name as shown on the DA Form 873 and Special Orders Number 348 contained in his AMHRR.
8. Army Regulation 635-5 (Personnel Separations - 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 for item 1, enter last name, first name, and full middle name or names, if any.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting evidence has been considered.
2. The applicant name is spelled two different ways throughout his AMHRR. However, he provides copies of his Ohio Driver License and his Medicare Health Insurance card. Both documents show the spelling of his last name as
L-n------. His AMHRR contains a DA Form 873, dated 10 December 1968, and Special Orders Number 348, dated 14 December 1969, that subsequently transferred him to the USAR to complete his remaining service obligation. These documents also show the spelling of his last name as L-n------.
3. In view of the foregoing, it would be appropriate at this time to correct the applicant's DD Form 214 to show the correct spelling of his last name 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 deleting from item 1 of his DD Form 214 the current last name entry and replacing it with the last name as shown on his Ohio Driver License and Medicare Health Insurance card and as reflected on the DA Form 873 and Special Orders Number 348 in his AMHRR.
____________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) AR20130004210
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ABCMR Record of Proceedings (cont) AR20130004210
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