BOARD DATE: 26 November 2013
DOCKET NUMBER: AR20130006898
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 Stated Report of Transfer or Discharge) to show his last name as "Hudoba" instead of "Huboda."
2. The applicant states he would like his last name to be spelled correctly on his DD Form 214.
3. The applicant provides copies of his DD Form 214 and Minnesota 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's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. The only available document is the DD Form 214 the applicant provided with his application
3. The DD Form 214 shows he was inducted on 3 September 1957 and released from active duty effective 2 September 1959. He had completed 2 years of active duty service. The last name in Item 1 (Last Name - First Name - Middle Name) on the DD Form 214 is shown as "Huboda." He signed the DD Form 214 using the last name "Hudoba."
4. The applicant provided a copy of his Minnesota Driver's License showing his last name as "Hudoba."
5. 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. 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 separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows there was a clerical error made when the applicant's last name was entered onto his DD Form 214. The DD Form 214 shows his last name as "Hoboda," but is appears he signed the form using the last name "Hudoba," the name he claims is correct.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
3. His DD Form 214 should be corrected accordingly.
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 the applicant's DD Form 214 the last name "Huboda" and replacing it with the last name "Hudoba."
_______ _ 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) AR20130005160
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