BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20130021227
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 last name.
2. The applicant states his last name on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is spelled incorrectly.
3. The applicant provides copies of his:
* DD Form 214
* New Hampshire Operator License
* Department of Veterans Affairs (VA) Identification Card
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire.
3. The applicant's available record shows he enlisted in the Regular Army on
31 January 1956.
4. All of the official documents contained in his available Official Military Personnel File (OMPF) show his last name as Y-kk-y. These documents include a:
* WD AGO Form 481 (Military Leave Record)
* Form 24 (Service Record)
* DA Form 20 (Enlisted Qualification Record)
5. On 2 November 1957, he was released from active duty after completing
1 year, 9 months, and 2 days of total active military service. Item 1 (Name) of the DD Form 214 he was issued shows his last name as Y-nk-y. Item 32 (Signature of Person Being Transferred or Discharged) is illegible.
6. He submitted his:
a. New Hampshire Operator License, which is illegible; and
b. VA Identification Card, which shows his last name as Y-kk-y.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the requested spelling of the applicant's last name is consistent with the spelling of his last name on his available military documents. It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in his last name being misspelled on 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 deleting the name in item 1 of his DD Form 214 and adding the applicant's last name as it is listed on his VA Identification Card.
_________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) AR20130021227
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130021227
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140009373
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name is spelled "Xxxxxguez" instead of "Xxxxxquez." His records contain the following documents showing his last name is spelled "Xxxxxguez": * DD Form 398 (Statement of Personal History) * DD Form 47 (Record of Induction), dated 10 December 1965 * Special Orders Number 113, dated 10 December 1965 * DA Form 41 (Record of Emergency Data), dated 25 August 1966 * DA Form...
ARMY | BCMR | CY2014 | 20140008274
The applicant requests correction of his DD Form 214 (Certificate of Release from Active Duty) to show his last name as "S_____T" instead of "S_____D." 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. Item 1 (Name Last, First, Middle) of the applicant's DD Form 4...
ARMY | BCMR | CY2013 | 20130012769
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120013164, on 7 February 2013. The birth certificate he provides shows his last name is spelled Wixx and the DOB as 18 February xxxx. A letter from the VA, dated 16 April 2012, shows the VA granted the applicant's request for his name change to Wixx and changed his patient profile...
ARMY | BCMR | CY2011 | 20110013947
ARMY | BCMR | CY2014 | 20140021059
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the spelling of his last name as "Ausborn" instead of "Osborn." _______ _ 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) AR20140021059 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR...
ARMY | BCMR | CY2013 | 20130018335
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 "Hug" instead of "Hugg." 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. His DD Form 47 (Record of Induction) shows his last...
ARMY | BCMR | CY2013 | 20130010426
The applicant requests correction of his record to show the spelling of his last name as P____l instead of P____e. Although the applicant requests to correct his military record to show his last name as depicted on his civilian documents, all of the available documents in his military service record show he served in the Army using the name P____e as listed on his WD AGE Form 53-55. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human...
ARMY | BCMR | CY2011 | 20110001746
Application for correction of military records (with supporting documents provided, if any). The documents provided by the applicant confirm the FSMs, his father's, and his brother's last name as Cu----. However, the preponderance of evidence shows the FSM served in and he was separated from active service using the spelling of his last name as Co----. 2. _________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2012 | 20120010133
The applicant provides: * Certificate of Birth * Marriage License * Certificate of Death * Honorable Discharge documentation COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. The evidence of record shows the FSM listed the spelling of his first name as "xxRxxx" upon his induction. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the first name "xxNxxx" from item 1 of his DD Form 214 and replacing it with the FSM's...
ARMY | BCMR | CY2013 | 20130002994
His retirement orders and every other document contained in his Army Military Human Resource Record (AMHRR) (previously known as the Official Military Personnel File) shows the spelling of his last name as Txxxax. While the applicant's desire to change his military record to reflect the requested spelling of his last name is understood, the available evidence shows he entered, served, and was separated from active duty under the spelling of the last name that is listed on his DD Forms 214...