IN THE CASE OF:
BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140019403
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 "C-rr----" not "C-r----."
2. The applicant states his last name is misspelled on his DD Form 214.
3. The applicant provides copies of his birth certificate and 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. A DD Form 398 (Statement of Personal History), prepared by the applicant on 30 September 1968, shows he entered in item 1 (First Name Middle Name Last Name) the last name "C-rr----" and placed his signature on the document.
3. A DD Form 47 (Record of Induction) shows he was inducted on 3 October 1968. Item 1 (Last Name First Name Middle Name) shows the last name
"C-r----."
4. On 2 October 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows the last name "C-r----."
5. Office of The Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 09-1298374, dated 25 September 1974, honorably discharged the applicant from the USAR Control Group (Standby) effective 1 October 1974. The orders show his last name as
"C-rr----."
6. The applicant provides a copy of a City of Corpus Christi, Texas, Bureau of Vital Statistics, Certification of Birth, filed on 10 January 1948 and issued on
17 October 2007, that shows the applicant's last name is "C-rr----."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant correctly recorded his last name as "C-rr----" on a DD Form 398 while processing for induction into the U.S. Army.
2. Therefore, it would be appropriate to correct the applicant's DD Form 214 as recommended below.
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 current entry from item 1 of his DD Form 214 and replacing it with the applicant's name as shown on his DD Form 398.
_______ _ 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) AR20140019403
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140019403
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