IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140016391
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 his last name spelled as "M__R_Y" instead of "M__RR_Y."
2. The applicant states his last name is incorrectly listed on his DD Form 214 and he would like it corrected for Department of Veterans Affairs purposes.
3. The applicant provides copies of his 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. The applicant enlisted in the Regular Army on 29 August 1986. His DD Form 4/1 (Enlistment/Reenlistment - Armed Forces of the United States) lists his last name as "M__RR_Y" and his social security number (SSN) as "XXX-XX-XXX9."
3. His record contains a Report of Medical Examination, dated 12 September 1985, and a DA Form 4187 (Personnel Action), dated 30 April 1987, which list the spelling of his last name as he requests.
4. On 1 August 1989, the applicant was honorably released from active duty at the expiration of his term of service. The DD Form 214 he was issued lists the spelling of his last name as "M__RR_Y" and his SSN as "XXX-XX-XXX9."
5. The applicant provides copies of his driver license which lists his last name as "M__R_Y" and a social security card which list his SSN as "XXX-XX-XXX9" and his last name as he requests.
6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the spelling of his last name is consistent with the spelling of his last name on documents contained in his official military records bearing the same SSN. It appears his last name was inadvertently misspelled on his DD Form 214 at the time of separation. Therefore, he is entitled to correction of his DD Form 214 to show the spelling of his last name as "M__R_Y."
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 the last name of "M__RR_Y" from item 1 (Name) of his DD Form 214 and replacing it with the last name "M__R_Y" as shown on his DA Form 4187.
___________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) AR20140016391
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