BOARD DATE: 8 April 2014
DOCKET NUMBER: AR20130011978
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 the last name shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his last name is misspelled as "Surpxxxx" and should be "Supxxxx."
3. The applicant provides copies of his Social Security Card, Pennsylvania Driver's License, Commonwealth of Pennsylvania Department of Health Registration Certificate, and DD Form 214.
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. On 15 July 1968, the applicant enlisted in the Regular Army. His records, including his enlistment document, consistently show his last name spelled as "Supxxxx" throughout his military service.
3. There is no evidence showing the last name "Surpxxxx" was ever used during his military service.
4. On 5 May 1971, he was transferred to the U.S. Army Reserve. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows the last name "Surpxxxx."
DISCUSSION AND CONCLUSIONS:
The evidence indicates an administrative error was made when recording the applicant's last name on his DD Form 214. It would be appropriate to correct this error at this time.
BOARD VOTE:
_X___ ___X_____ __X______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 Social Security Card.
_______ _ 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) AR20130011978
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ABCMR Record of Proceedings (cont) AR20130011978
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