IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140004143
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), item 21 (Home of Record at Time of Entry into Active Service) to show the spelling of his county of residence as "Winnebago" vice "Winnebaco."
2. The applicant states, in effect, the name of his county is spelled incorrectly.
3. The applicant provides:
* letter, dated 25 February 2014
* Certificate of Birth
* 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 16 November 1966, wherein the spelling of his county was listed as "Winnebago." He authenticated this document by placing his signature in the appropriate block indicating the information contained therein was correct.
3. The applicant's record contains a DD Form 47 (Record of Induction), dated
17 November 1966 that shows the spelling of his county was listed as "Winnebago." He was inducted into the Army of the United States on
17 November 1966.
4. He was honorably released from active duty on 15 November 1968. Item 21 of his DD Form 214 shows the spelling of his county is listed as "Winnebaco."
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 398 and DD Form 47 show the spelling of his county is listed as "Winnebago." It appears an administrative error occurred during the preparation of his DD Form 214 resulting in the improper spelling of the name of his county. Therefore, his DD Form 214 should be amended showing the correct spelling of his county as "Winnebago."
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 amending item 21 of his DD Form 214 to show the correct spelling of his county as "Winnebago."
_______ _ __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) AR20140004143
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ABCMR Record of Proceedings (cont) AR20140004143
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