IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140015799
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) by amending his last name to read XAIXXX instead of XIAXXX.
2. The applicant states his last name was misspelled and should be corrected.
3. The applicant provides a DD Form 214 and a photocopy of his State 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 was inducted in the Army of the United States on 6 March 1969. His DD Form 47 (Record of Induction) shows his last name is spelled XAIXXX.
3. He was honorably released from active duty on 8 November 1970. His
DD Form 214 shows his last name as XIAXXX.
4. All documents available in his official military personnel file (OMPF) except for his DD Form 214 show the spelling of his last name as XAIXXX.
DISCUSSION AND CONCLUSIONS:
The applicant requests his DD Form 214 be amended to show his correct last name. A review of his OMPF reveals all available documents except for his
DD Form 214 show the spelling of his last name as XAIXXX. An administrative error was clearly made and should be corrected.
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 last name as shown on his DD Form 47.
_______ _ ___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) AR20140015799
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015799
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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