IN THE CASE OF:
BOARD DATE: 23 June 2015
DOCKET NUMBER: AR20140017044
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 spelled as Mab____.
2. He states that his last name is spelled wrong.
3. He provides:
* DD Form 214
* Virginia Driver's License
* 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 was inducted into the Army of the United States on 13 May 1968.
3. A thorough review of all documents contained in his available military personnel records, many of which bear his signature, shows his last name consistently appears as Mab____.
4. He was released from active duty on 7 May 1970. His DD Form 214 shows in:
* item 1 (Last Name First Name Middle Name) his last name as Mayb____
* item 32 (Signature of Person Being Transferred or Discharged) he authenticated this form using the last name "Mab____"
5. He submitted his:
* Virginia Driver's License which shows his last name as Mab____
* Social Security Card which shows his last name as Mab____.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was inducted under the last name Mab____. This is consistent with the last name contained in his official military records throughout his military service. Therefore, his DD Form 214 should be corrected to show his last name spelled as Mab____.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 current last name entry from item 1 of his DD Form 214 and replacing it with the last name 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.
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