BOARD DATE:	  30 January 2014

		DOCKET NUMBER:  AR20130009916 


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 item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his DD Form 214 incorrectly shows his last name is spelled "Bxxns" and his last name should be spelled "Bxxxes."

3.  The applicant provides copies of his birth certificate, DD Form 214, and an envelope with an address label.

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 Regular Army (RA) on 29 August 1966.  His record contains the following:

* A DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 29 August 1966, which shows his last name is spelled "Bxxns"; he signed this form spelling his last name as "Bxxxes"
* A Form 628 (Enlistment Statement), dated 29 August 1966, which shows he signed this form spelling his last name as "Bxxns"
* An Acknowledgement of Service Obligation Statement, dated 29 August 1966, which shows he signed this statement spelling his last name as "Bxxxes"
* A DD Form 398 (Statement of Personal History), dated 25 July 1967, which shows his last name spelled as "Bxxns"; the form noted his last name should be spelled as "Bxxxes" and he completed and signed this form spelling his last name as "Bxxns"
* A DA Form 41 (Record of Emergency Data), dated 2 July 1969, which shows his last name spelled as "Bxxns"; he also signed this form spelling his last name as "Bxxns"
* A note attached to his 1969 discharge orders requesting a name determination from source documents
* A DA Form 20 (Enlisted Qualification Record), audited on 22 August 1969, which shows his last name spelled as "Bxxns"

3.  He was released from active duty on 28 August 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  Item 1 of his DD Form 214 shows his last name spelled as "Bxxns."

4.  He was discharged from the USAR on 28 August 1972.  The orders show his last name spelled as "Bxxns."

5.  He provided copies of the following:

* A Commonwealth of Kentucky birth certificate which shows an individual with the same first and middle names as the applicant and last name spelled as "Bxxxes" was born on the same date as the applicant
* An envelope with an address label showing his last name spelled as "Bxxxes"

6.  Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated 
the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active service.  The regulation stated in:
* Paragraph 3 – local procedures would be established to ensure that entries on the forms are verified against source documents for completeness and accuracy
* Item 1 - would list the individual's last name, first name, and full middle name or names, if any

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's DD Form 398 noted the spelling of his last name should be "Bxxxes" and not "Bxxns."  At the time of his enlistment he signed source documents showing his last name spelled both ways.  A note was attached to his 1969 discharge orders requesting a name determination from source documents.  There is no evidence this was done.  Upon his release from active duty he was transferred to the USAR.  His USAR discharge orders show his last name spelled as "Bxxns."

2.  The documentation he provided is sufficient evidence to show the spelling of his last is "Bxxxes."  Therefore, item 1 of his DD Form 214 should be corrected to show his last name spelled as "Bxxxes" as shown on his birth certificate.

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 current last name entry and replacing it with the 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)                                         AR20130009916



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ABCMR Record of Proceedings (cont)                                         AR20130009916



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