IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140012017
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 the correct spelling of his first name as "Terence" vice "Terrance."
2. He states his first name is spelled incorrectly on his DD Form 214.
3. He provides:
* birth certificate
* social security card
* United States Uniformed Services identification 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. The applicant enlisted in the Regular Army on 22 January 1980. His enlistment documents, as well as the majority of the documents contained in his personnel file show the spelling of his first name as "Terrance."
3. However, his personnel file also contains a DA Form 873 (Certificate of Clearance and/or Security Determination), dated 21 December 1981, that shows the spelling of his first name as "Terence."
4. He served 12 years, 7 months, and 10 days and he was honorably discharged on 1 September 1992.
5. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows the spelling of his first name as "Terrance."
6. His birth certificate, social security card, and identification card show the spelling of his first name as "Terence."
7. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
Although the majority of documents contained in the applicant's record show the spelling of his first name as "Terrance," his record also contains a DA Form 873 that indicates his first name was also spelled as "Terence" during his military service. Additionally, his birth certificate, social security card, and identification card confirm the correct spelling of his first name as "Terence." Therefore, he is entitled to correction of his DD Form 214 to show the spelling of his first name as "Terence."
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 amending his DD Form 214 to show the spelling of his first name as "Terence" as it appears 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) AR20140012017
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140012017
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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