BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140019072 


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 the spelling of his last name as "Gxxxexxx" instead of "Gxxxixxx."  He also requests the issuance of a         DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) to update his military records.  

2.  The applicant states his last name was incorrectly spelled on his                  DD Form 214.

3.  The applicant provides a copy of his DD Form 214, State of Wisconsin Certificate of Live Birth, and a Social Security Summary Statement of Earnings, dated 14 April 1988.  

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.  Prior to his induction in the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History), wherein he listed "Gxxxexxx" as the spelling of his last name and he authenticated this form with his signature using the spelling "Gxxxexxx." 

3.  He was inducted in the Army of the United States on 14 May 1970.  His      DD Form 47 (Record of Induction) shows the spelling of his last name as "Gxxxixxx."  This form does not require the inductee to authenticate it with their signature.  However, USAREC (United States Army Recruiting Command) Form 180-R (Acknowledgment of Service Obligation (6 Year Acknowledgment)), attached to the DD Form 47, shows his name as "Gxxxexxx," which confirms his induction into the Army and his service obligation.  He authenticated this form with his signature using the spelling "Gxxxexxx."  

4.  The applicant's record contains several documents that show his last name as "Gxxxexxx":

* DD Form 428 (Application for Identification Card)
* DD Form 1584 (National Agency Check Request)
* Page 1 of DA Form 20 (Enlisted Qualification Record)

5.  He was honorably discharged on 5 March 1971.  His DD Form 214 lists the spelling of his last name as "Gxxxixxx."  He authenticated this form with his signature using the spelling "Gxxxexxx."  

6.  He provides his State of Wisconsin Certificate of Live Birth and a Social Security Summary Statement of Earnings, dated 14 April 1988, in which both show his last name spelled as "Gxxxexxx."  Additionally, he states on his application that he provides as evidence a social security card and a signed letter to the Wisconsin Department of Veterans Affairs; however, these documents were not attached. 

7.  Army Regulation 635-5 (Separations Documents) at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  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 applicant's record shows he enlisted under and consistently used the last name of "Gxxxexxx" throughout his period of military service.  It appears his last name was incorrectly entered on his DD Form 214 as a result of an administrative error.  Therefore, his DD Form 214 should be corrected to reflect his last name spelled as "Gxxxexxx." 

BOARD VOTE:

___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 last name as it is currently shown on his DD Form 214 and replacing it with the last name as spelled on his birth certificate.  




      _________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)                                         AR20110024945



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ABCMR Record of Proceedings (cont)                                         AR20140019072



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