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ARMY | BCMR | CY2013 | 20130013360
Original file (20130013360.txt) Auto-classification: Approved

		IN THE CASE OF:	   

		BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20130013360 


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 States Report of Transfer or Discharge) to show the spelling of his last name as Strick___.

2.  The applicant states his last name should be spelled Strick___, not Staick___ as shown on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and Department of Veterans Affairs benefits summary letter.

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 on 10 August 1964.

3.  His military records, including his DA Form 20 (Enlisted Qualification Record), consistently show his last name spelled as Strick___.

4.  The applicant was released from active duty on 30 July 1967 and transferred to the U.S. Army Reserve.  His DD Form 214 shows his last name spelled as Staick___.

DISCUSSION AND CONCLUSIONS:

The evidence shows 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 his last name spelled as Strick___ as shown on his DA Form 20.



      _______ _   _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)                                         AR20130013360



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ABCMR Record of Proceedings (cont)                                         AR20130013360



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