IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140010118
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 as "HXmmXXX" instead of "HXmXXX."
2. The applicant states a clerk spelled his name incorrectly and his unit was unable to address the issue due to a large influx of Soldiers.
3. The applicant provides copies of his DD Form 214, birth certificate, driver license, and social security 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. On 9 October 1965, in preparation for his impending enlistment in the Regular Army, the applicant completed, by pencil, a DD Form 398 (Statement of Personal History). His last name is shown in Item 1 (First Name Middle Name Maiden Name (if any) Last Name) as "HXmXXX" and he signed his last name as "HXmmXXX."
3. On 11 October 1965, the applicant underwent an entrance physical and completed numerous allied documents tied to his impending enlistment. In each case, his medical documents and allied enlistment documents show his last name as "HXmmXXX." The majority of those documents required his authentication, and in each instance, he signed his last name as "HXmmXXX."
4. On 12 October 1965, the applicant enlisted in the Regular Army. Item 1 (Last Name First Name Middle Name) of his DD Form 4 (Enlistment Record Armed Forces of the United States) shows his last name as "HXmXXX" and he authenticated the form by signing his name, representing his last name as "HXmXXX."
5. On 23 September 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve. Item 1 (Last Name First Name Middle Name) of the DD Form 214 shows his last name as "HXmXXX."
6. The documents contained within his Military Personnel Records Jacket (MPRJ) show that during his period of active military service, he consistently used both spellings of his last name when completing various documents. Further, his signature shows he used both spellings when he authenticated necessary documents.
7. The applicant provides his birth certificate, which appears to show his last name as "HXmXXX"; however, since it is handwritten, the exact spelling is not certain.
8. He further provides his driver license and social security card, both produced after his period of military service, which show his last name spelled as "HXmmXXX."
DISCUSSION AND CONCLUSIONS:
1. The applicant used both spellings of his last name throughout his entire period of military service, beginning with the completion of his enlistment documents and continuing until he was released from active duty. Sometimes he spelled his last name as "HXmXXX" and other times he spelled his last name as "HXmmXXX." He did not consistently use one spelling when representing his last name. Additionally, he authenticated documents using both signatures.
2. The evidence of record shows he represented his last name as "HXmmXXX" on at least one occasion during his period of military service. Therefore, the evidence is sufficient to grant the requested relief.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 1 of his DD Form 214 to show his last name 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) AR20100016493
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ABCMR Record of Proceedings (cont) AR20140010118
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