IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140021393
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 first name as T__y instead of T__ie.
2. The applicant states his first name is misspelled on his DD Form 214.
3. The applicant provides:
* birth certificate
* 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 enlisted in the Regular Army on 12 February 1970. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his first name spelled as T__ie.
3. In conjunction with his enlistment, he completed a DD Form 398 (Statement of Personal History) in which he spelled his first name as T__ie.
4. He consistently spelled his first name as T__ie throughout his service.
5. His records contain the following two documents that show his first name spelled as T__y:
* Headquarters, Fort George C. Meade letter, dated 16 August 1972, subject: Primary and Secondary Zone Recommended list for Promotion of Enlisted Personnel to Grade E-5
* Headquarters, Fort George C. Meade, Special Orders Number 185, dated 21 September 1972
6. On 9 February 1973, he was honorably released from active duty. His DD Form 214 shows his first name spelled as T__ie.
7. He provided a copy of his birth certificate issued by the State of New Mexico on 14 November 2011, New Mexico driver's license, and his social security card that shows his first name spelled as T__y.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. It stated 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:
Based on the evidence of record and the evidence provided by the applicant, it would be appropriate to correct his DD Form 214 at this time to show his first name spelled as shown on his social security card.
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 amending his DD Form 214 to show the spelling of his first name as shown on his social security card.
___________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) AR20140021393
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ABCMR Record of Proceedings (cont) AR20140021393
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