IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140009373
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 (Certificate of Release or Discharge from Active Duty) to show his last name is spelled "Xxxxxguez" instead of "Xxxxxquez."
2. The applicant states his DD Form 214 shows his last name is spelled with a "Q" and the correct spelling is with a "G." This error is causing him complications in filing for compensation from the Department of Veterans Affairs (VA). Without a correction he is unable to use the on-line services available to veterans to process claims for benefits and the VA has difficulties with his records. He has attempted to have this corrected through local and Regional VA offices, but they will not make the correction without a corrected DD Form 214.
3. The applicant provides copies of the following:
* DD Form 214
* State Commercial Driver License
* social security card
* employment identification
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 applicant was inducted into the Army of the United States (AUS) on 10 December 1965. 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 20 (Enlisted Qualification Record), dated 6 September 1967
3. He was released from active duty on 8 December 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group. Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows his last name spelled as "Xxxxxquez."
4. Letter Orders Number 11-1090397, dated 13 November 1970, honorably discharged him from the USAR on 30 November 1970. These orders show the spelling of his last name as "Xxxxxguez."
5. He provided copies of the following documents showing the spelling of his last name as "Xxxxxguez":
* State Commercial Driver License
* social security card
* employment identification card
6. 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 personal at the time of 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 of record shows the applicant served in the AUS and USAR with his last name spelled as "Xxxxxguez." It appears an administrative error occurred during the processing of his DD Form 214. Therefore, item 1 of this DD Form 214 should be corrected to show the spelling of his last name as "Xxxxxguez."
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 in item 1 of his DD Form 214 his last name is spelled as it is listed on his social security 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) AR20140009373
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ABCMR Record of Proceedings (cont) AR20140009373
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