IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20140011555
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 Stated Report of Transfer or Discharge) ending 12 April 1973 to show his last name as "Jxxxax" instead of "Jxxxox."
2. The applicant states the spelling of his last name on his DD Form 214 issued by the Army ending 12 April 1973 is incorrect. A DD Form 214 issued by the U.S. Marine Corps (USMC) ending 10 September 1970 shows the correct spelling.
3. The applicant provides copies of his:
* State of Mississippi Birth Certificate
* DD Form 214 ending 10 September 1970
* DD Form 214 ending 12 April 1973
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. Following prior service in the USMC, the applicant was inducted on 13 April 1971.
3. The DD Form 214 issued for his service in the USMC shows his last name as "JxxxAx."
4. He was released from active duty and transferred to the U.S. Army Reserve effective 12 April 1973. The DD Form 214 issued for that period of active duty shows his last name in item 1 (Last Name - First Name - Middle Name) as "JxxxOx." He signed the DD Form 214 using the last name "Jxxxax."
5. His record contains an:
* Acknowledgment of Service Obligation he completed in conjunction with his induction showing his last name as "JxxxAx"
* Armed Forces Fingerprint Card showing his last name as "Jxxxax"
6. The applicant provided a copy of his State of Mississippi Birth Certificate showing his last name as "Jxxxax."
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows there was a clerical error made when the applicant's last name was entered onto his DD Form 214 ending 12 April 1973. That DD Form 214 shows his last name as "JxxxOx," but is appears he signed the form using the last name "Jxxxax," the name he claims is correct.
2. His DD Form 214 should be corrected accordingly.
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 the applicant's DD Form 214 ending 12 April 1973 the last name "JxxxOx" and replacing it with the last name "JxxxAx" enterd on his birth certificate.
_______ _ 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) AR20130005160
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ABCMR Record of Proceedings (cont) AR20140011555
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