IN THE CASE OF:
BOARD DATE: 21 July 2015
DOCKET NUMBER: AR20140020021
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 item 1 (Last Name - First Name - Middle Name) 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 M_is___ instead of M_si___.
2. The applicant states his last name is spelled incorrectly on his DD Form 214 and he was unaware of this mistake until he applied for Department of Veterans Affairs benefits.
3. The applicant provides:
* Certificate of Birth
* Marriage License
* DD Form 214
* Certificate for completion of Motor Mechanics School
* Certificate of Proficiency for the Artillery Track Vehicle Maintenance Course
* Letter, subject: Discharge from the United States Army Reserve (USAR)
* Honorable Discharge Certificate
* DA Form 1270 (Transfer or Release to Reserve Component of the Army)
* DD Form 217A (Certificate of Service)
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's military record is not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. This case is being considered using the aforementioned documents provided by the applicant and a partially reconstructed record provided by the National Personnel Records Center.
3. He was inducted into the Army of the United States (AUS) on 19 July 1956 and served as a track vehicle mechanic.
4. A U.S. Army Training Center Field Artillery certificate shows the applicant successfully completed the Motor Mechanics School at Fort Chaffee, Arkansas from 29 October to 30 November 1956. His name appears as M_is___ on this certificate.
5. An Artillery and Guided Missile School, Fort Sill, Oklahoma, Certificate of Proficiency shows the applicant satisfactorily completed the Artillery Track Vehicle Maintenance Course on 1 March 1957. His name appears as M_is___ on this certificate.
6. On 19 April 1958, the applicant was released from active duty and transferred to the U.S. Army Reserve. Item 1 of his DD Form 214 shows the spelling of his last name as M_si___. Item 34 (Signature of Person Being Transferred or Discharged) of this form shows the spelling of his last name as M_is___.
7. On 18 July 1962, he was honorably discharged from the AUS. His Honorable Discharge Certificate shows his last name as M_is___.
8. He provides the following documents which all show his last name is spelled as M_is___:
* Certificate of Birth
* Marriage License
* Letter discharging him from the USAR
* Honorable Discharge Certificate
* DA Form 1270
* DA Form 217A
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. The regulation in effect at the time of the applicant's separation stated the complete name of the separating service member would be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The applicant contends his last name is correctly spelled M_is___ and his Certificate of Birth and Honorable Discharge Certificate support this contention. Based on the foregoing, it would be appropriate to correct item 1 of his DD Form 214 to show the spelling of his last name as M_is___.
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 first name entry in item 1 of his DD Form 214 and replacing it with the entry "M_is___" as it is listed on his Certificate of Birth.
_____________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) AR20140020021
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ABCMR Record of Proceedings (cont) AR20140020021
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