BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130019748
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 a DA Form 8-274 (Medical Conditions - Physical Profile Record) to show his first name as George.
2. The applicant states that his first name was misspelled as Clarence on a DA Form 8-274 prepared at Fort Campbell, Kentucky that is contained in his official records.
3. The applicant provides a copy of the DA Form 8-274 in question.
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 was inducted on 23 July 1963 with a first name of George.
3. He completed his one-station unit training as a light weapons infantryman at Fort Polk, Louisiana and his airborne training at Fort Benning, Georgia and was transferred to Fort Campbell, Kentucky for his first assignment.
4. On 17 January 1964, the applicant was issued a DA Form 8-274 placing him on restricted duty for 2 weeks. However, the first name placed on the DA Form 8-274 was Clarence instead of George. All of the applicants other identifying data was correct.
5. On 20 July 1965, he was transferred to Fort Benning, Georgia for assignment to Company A, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division. He was honorably discharged on 22 July 1965 due to the expiration of his term of service (ETS).
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the DA Form 8-274 dated 17 January 1964 that is contained in his official records is in error because it does not contain his correct first name has been noted and found to have merit.
2. The DA Form 8-274 incorrectly reflects a first name of Clarence instead of George. Accordingly, it should be corrected at this time to show his first name as George.
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
showing on the DA Form 8-274 dated 17 January 1964 that is contained in his official records that his first name is George instead of Clarence.
_______ _ 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) AR20130019748
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ABCMR Record of Proceedings (cont) AR20130019748
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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