BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130015079
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 items 1 (Last Name, First Name, Middle Name) and 12 (Last Duty Assignment and Major Command) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* the correct spelling of his last name is Cxxto not Cxxio
* his last unit of assignment in Europe was the 92nd Medical Detachment, not the 72nd Medical Detachment
3. The applicant provides:
* DD Form 214
* Birth 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. The applicant's induction record shows his last name as Cxxto. He was inducted into the Army of the United States on 26 April 1962. He completed his training and was awarded military occupational specialty 917.10 (dental specialist).
3. Item 33 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 92nd Medical Detachment in Europe from 25 September 1962 to 13 April 1964.
4. On 13 April 1964, he was honorably released from active duty.
5. His DD Form 214 shows in:
* Item 1 the last name Cxxio
* Item 12 the entry "72d Med Det (Medical Detachment) USAREUR (U.S. Army Europe)"
6. He provides a birth certificate which shows his last name is Cxxto.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his last name is Cxxto and his induction record and birth certificate support this contention. Based on the foregoing, it would be appropriate to correct item 1 of his DD Form 214 to show the last name shown on his induction record.
2. The entry on his DA Form 20 which shows his last duty assignment and major command was the 92nd Medical Detachment in Europe is accepted as sufficient evidence on which to amend item 12 of his DD Form 214.
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:
a. deleting the last name in item 1 of his DD Form 214 and replacing it with the last name shown on his induction record; and
b. deleting the entry in item 12 of his DD Form 214 and replacing it with the entry "92nd Med Det USAREUR."
_______ _ 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) AR20130015079
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ABCMR Record of Proceedings (cont) AR20130015079
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