IN THE CASE OF:  	  

		BOARD DATE:  26 March 2015	  

		DOCKET NUMBER:  AR20140014253 


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 is spelled as Xxxlxppx vice Xxxllxpx
* place of birth as Huntingburg, Indiana (IN) vice Huntingburg, Illinois (IL)

2.  The applicant states his last name and the state he was born in are incorrect on his DD Form 214.  His last name is spelled with one L and two P's and he was born in Indiana not Illinois.  He believes typographical errors were made on his DD Form 214.

3.  The applicant provides his DD Form 214.

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 (RA) on 28 June 1968.  In conjunction with his enlistment in the RA, he completed a DD Form 398 (Statement of Personal History), on 24 June 1968, wherein he spelled his last name with one L and two P's and listed his place of birth as Huntingburg, IN.  

3.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 28 June 1968, shows his last name is spelled with two L's and one P and his place of birth is listed as Huntingburg, IN.

4.  His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his last name spelled with two L's and one P.  This entry was subsequently crossed out and his last name was reentered spelled with one L and two P's.  The applicant authenticated this form by placing his signature in the appropriate block spelling his last name with one L and two P's.  He signed the DA Form 20 on 8 July 1968 and audited it on 11 December 1968.

5.  His record contains numerous orders, personnel, and medical documents that all show his last name spelled with two L's and one P.  He authenticated many of these forms by placing his signature in the appropriate block spelling his last name with one L and two P's.  

6.  He was honorably released from active duty on 2 February 1970 and he was transferred to the U.S. Army Reserve.  

7.  Item 1 (Last Name, First Name, Middle Name) on the DD Form 214 he was issued shows his last name spelled with two L's and one P.  Item 8 (Place of Birth) shows the entry Huntingburg, IL.  He authenticated his DD Form 214 by placing his signature in item 32 (Signature of Person being Transferred or Discharged).  He listed his last name with one L and two P's.  

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms prior to the applicant’s enlistment in the RA he listed his last name with one L and two P's and his place of birth as Huntingburg, IN.  It appears an error occurred during the preparation of his DD Form 4 when his last name was spelled with two L's and one P.  This error continued throughout his active duty service and his last name was consistently spelled with two L's and one P.  This error was compounded when his DD Form 214 was prepared listing his last name with two L's and one P.  His place of birth was also incorrectly listed as Huntingburg, IL.  However, throughout his service he consistently signed his last name with one L and two P's.  Therefore, it would be appropriate to correct his DD Form 214 to show his last name spelled with one L and two P's and his place of birth as Huntingburg, IN.

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 by deleting the entry in:

* item 1 and replacing the entry with his last name spelled as it is shown in item 32
* item 8 and replacing it with the entry "Huntingburg, Indiana"



      _______ _   _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)                                         AR20140014253



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ABCMR Record of Proceedings (cont)                                         AR20140014253



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