IN THE CASE OF:
BOARD DATE: 9 December 2014
DOCKET NUMBER: AR20140007755
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, the daughter of a former service member (FSM), requests correction of her father's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in item 1 his middle name spelled as "Fritz" instead of "Eritz."
2. The applicant states, in effect, her father's DD Form 214 contains a typographical error. The error was not noticed until they applied for benefits.
3. The applicant provides copies of the following:
* her birth certificate
* FSM's birth and death certificates
* letter from the Army Review Boards Agency (ARBA)
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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The FSM enlisted in the Nebraska Army National Guard (NEARNG) on 8 February 1960. His record contains the following documents which show his middle name spelled as "Fritz":
* DD Form 4 (Enlistment Record Armed Forces of the United States), dated 8 February 1960
* National Guard Bureau (NGB) Form 21B (Enlistment Agreement), dated 8 February 1960
3. He was ordered to active duty for training and entered active duty on 3 September 1960. His record contains the following documents which show the initial "F" for his middle name or his middle name spelled as "Fritz":
* DD Form 220 (Active Duty Report), dated 7 September 1960
* DA Form 20 (Enlisted Qualification Record)
* DD Form 93 (Record of Emergency Data), dated 17 October 1961
* DA Form 24 (Service Record), for the period 8 February 1960 to 7 February 1963
4. He was honorably released from active duty on 2 March 1961 and he was transferred to the NEARNG. Item 1 of his DD Form 214 lists his middle name spelled as "Eritz".
5. He was honorably discharged from the NEARNG on 7 February 1963. Item 1 (Name (Last, first, middle initial)) of his NGB Form 22 (Report of Separation and Record of Service) lists the initial "F" for his middle name."
6. The applicant provided copies of her birth certificate and the FSM's death certificate which shows his middle name spelled as "Fritz."
7. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The regulation stated item 1 would list the last name, first name, and full middle name or names, if any.
DISCUSSION AND CONCLUSIONS:
The evidence shows the correct spelling of the FSM's middle name is "Fritz." His DD Form 214 contains a typographical error wherein the first letter of his middle name is shown as an "E" instead of an "F." Therefore, item 1 of his DD Form 214 should be corrected to show his middle name spelled as "Fritz."
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 from item 1 of the FSM's DD Form 214 the entry, "Eritz" for his middle name and replacing it with the entry, "Fritz."
___________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) AR20140007755
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ABCMR Record of Proceedings (cont) AR20140007755
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