IN THE CASE OF:
BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140005069
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 his last name spelled with an "e" vice an "o."
2. The applicant states the correct spelling of his last name is with an "e."
3. The applicant provides copies of:
* DD Form 214
* Social Security Card
* Wisconsin Driver License
* Signature page of his United States Passport
* State of Wisconsin Record of Birth
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 applicants 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 applicants 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 military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, a search of official military records found two documents related to the applicant that are sufficient for the Board to conduct a fair and impartial review of this specific request.
3. A handwritten list of names, undated, found in official military records and appearing to be from the period of the applicants years of service, contains an entry showing his service number beside the same name he now claims is correctly spelled with the letter "e."
4. Special Orders Number 51, Fort Sheridan, Illinois, dated 12 March 1959, announced the release of several Soldiers from active duty. Among them is an entry showing the applicants service number and a name that uses the letter "o" in the last name. These orders also have the first letter of the applicants first name incorrect.
5. The applicants DD Form 214 shows he was released from active duty on
13 March 1959. His last name is spelled with the letter "o." He signed it with the letter e.
6. All of the documents submitted by the applicant show his last name spelled with the letter "e."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his last name spelled with an "e" vice an "o."
2. Even though the applicants service personnel records are no longer available for review, a handwritten list of Soldiers names, including the applicants, clearly shows his name spelled with the letter "e." This, along with the current
documents provided by the applicant, is sufficiently convincing to warrant changing the spelling of his last name 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 showing on the applicant's DD Form 214 his last name spelled using the letter "e" as shown on each of the documents provided by the applicant.
_______ _ 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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20140005069
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