IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20130012867
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 spelling of his last name on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states the correct spelling of his last name is "xxxxelsen."
3. He provides his DD Form 214 and his Honorable Discharge Certificate.
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 22 March 1962, the applicant was inducted into the Army of the United States (AUS). The DD Form 47 (Record of Induction) completed at that time shows his last name as "xxxxelsen."
3. On 20 March 1964, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows the last name "xxxxlesen." He signed the form spelling his last name as "xxxxelsen."
4. He provided his Honorable Discharge Certificate showing he was discharged from the AUS on 29 February 1968. His last name on this certificate is spelled "xxxxelsen."
DISCUSSION AND CONCLUSIONS:
The evidence shows a typographical error was made when the applicant's last name was recorded on his DD Form 214. It would be appropriate to correct this error.
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 replacing the last name on his DD Form 214 with "xxxxelsen" as shown on his Honorable Discharge 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) AR20130012867
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130012867
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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