IN THE CASE OF:
BOARD DATE: 5 November 2013
DOCKET NUMBER: AR20130005120
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 his last name on his discharge orders and discharge certificate be corrected to read "Willman" instead of "William."
2. The applicant states that due to the incorrect spelling he may be subject to a delay in the future if he applies for assistance from the Department of Veterans Affairs.
3. The applicant provides:
* Headquarters, II U.S. Army Corps, Camp Kilmer, NJ, Letter Orders 7064, dated 31 December 1962
* his DD Form 256A (Honorable Discharge Certificate)
* two copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 10 December 1958
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 the processing of this case the Army Board for Correction of Military Records (ABCMR) was unable to obtain the applicant's service personnel and medical records. The only records available to the ABCMR were provided by the applicant and are sufficient for the ABCMR to make a fair and impartial review of this case.
3. His DD Form 214 shows he was inducted into the Army of the United States on 11 December 1956.
4. On 10 December 1958, he was released from active duty and transferred to the U.S. Army Reserve (USAR). He completed 2 years of active duty that was characterized as honorable. His DD Form 214 shows in:
* Item 1 (Last Name - First Name - Middle Name) - his last name spelled as "Willman"
* Item 2 (Service Number) - US ** *** 319
5. Headquarters, II U.S. Army Corps, Camp Kilmer, NJ, Letter Orders 7064, dated 31 December 1962, discharged the applicant from the USAR - Ready Reserve Control Group effective 31 December 1962. These orders show:
* his last name spelled as "William"
* his service number as US ** *** 319
6. The applicant's DD Form 256A identifies him with his:
* last name spelled "William"
* his service number as US ** *** 319
7. 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 at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's service number that appears on his DD Form 214 matches the service number that appears on his discharge orders and his discharge certificate. Therefore, based on the information on the applicant's DD Form 214, there is sufficient evidence to indicate that a typographical error occurred when typing his last name on his discharge orders and his discharge certificate.
2. Therefore, it would be appropriate to amend his discharge orders to show his last name as "Willman" and reissue him an Honorable Discharge Certificate with his last name shown as "Willman."
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 Headquarters, II U.S. Army Corps, Camp Kilmer, NJ, Letter Orders 7064, dated 31 December 1962, to show his last name as "Willman"
* issuing him a new Honorable Discharge Certificate with his last name spelled as "Willman"
__________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) AR20130005120
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130005120
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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