BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130019846
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 his last name is spelled "xxxxxxorm" on his DD Form 214, but the correct spelling is "xxxxxxrom."
3. He provides his 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 3 August 1967, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program. On 3 October 1967, he enlisted in the Regular Army. The DD Forms 4 (Enlistment Record - Armed Forces of the United States) documenting his enlistments show his last name as "xxxxxxrom."
3. A review of his records show his last name was consistently spelled "xxxxxxrom" throughout his military service.
4. On 23 September 1970, he was honorably released from active duty. His DD Form 214 shows his last name as "xxxxxxorm."
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 deleting the last name on his DD Form 214 and replacing it with the last name that is listed on his DD Forms 4.
_______ _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) AR20130019846
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