IN THE CASE OF
BOARD DATE: 10 July 2014
DOCKET NUMBER: AR20130020409
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:
a. his last name spelled as Morsxxx; and
b. the county in item 21 (Home of Record) spelled as Anne Arundel.
2. The applicant states:
* his last name is misspelled
* his last name should be spelled Morsxxx, not Morsexxx
* the county should be spelled Anne Arundel, not Anne Rundel
3. The applicant provides a copy of 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. The applicant's record contains a DD Form 398 (Statement of Personal History), dated 5 March 1968, that he completed during his induction processing that shows he spelled his last name as Morsxxx.
3. He was inducted into the Army of the United States on 20 March 1968. His induction record shows his last name as Morsxxx. He served as an armor reconnaissance specialist in Vietnam and he was honorably released from active duty on 19 March 1970.
4. His DD Form 214 shows in:
* Item 1 (Last Name, First Name, Middle Name) his last name spelled as Morsexxx
* Item 21 the city Baltimore, the county Anne Rundel, and the state Maryland
5. The National Association of Counties website shows Baltimore, Maryland is in Anne Arundel County.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his last name should be spelled as Morsxxx and his induction record and DD Form 398 support this contention. Based on the foregoing evidence, it appears that an administrative error occurred during preparation of his DD Form 214 resulting in his last name being misspelled. Therefore, it would be appropriate to correct item 1 of his DD Form 214 to show his last name spelled as Morsxxx.
2. His contention the county is misspelled in item 21 of his DD Form 214 appears to have merit. Since Baltimore, MD is in Anne Arundel County, the county in item 21 of his DD Form 214 should be corrected to show Anne Arundel.
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 current last name from item 1 of his DD Form 214 and replacing it with the last name Morsxxx as shown on his DD Form 398; and
b. deleting the county (Anne Rundel) from item 21 of his DD Form 214 and replacing it with Anne Arundel.
_________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) AR20130020409
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ABCMR Record of Proceedings (cont) AR20130020409
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