Search Decisions

Decision Text

ARMY | BCMR | CY2014 | AR20140011562
Original file (AR20140011562.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  3 February 2015

		DOCKET NUMBER:  AR20140011562 


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 the spelling of his last name on his 8 October 1968 DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states, in effect, that his last name ends in "er" not "an."

3.  The applicant provides copies of two DD Forms 214 and two DD Forms 4 (Enlistment Contract). 

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 27 December 1967.  His DD Form 4 shows the spelling of his last name as W____er.  The applicant was discharged for immediate reenlistment on 8 October 1968.  His DD Form 214 shows the spelling of his last name as W____an.  

3.  On 9 October 1968, he reenlisted under the last name of W____er.  He was released from active duty on 8 October 1971.  His DD Form 214 shows the spelling of his last name as W____er.

DISCUSSION AND CONCLUSIONS:

The applicant enlisted and served with the spelling of his last name as W____er.  His first DD Form 214, issued on 8 October 1968, incorrectly shows the spelling of his last name as W____an.  It would be appropriate to correct this error.

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 last name on the DD Form 214 issued on 8 October 1968 and adding the last name as it is listed on his 8 October 1971 DD Form 214.



      _______ _   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)                                         AR20140011562



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140011562



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120009954

    Original file (20120009954.txt) Auto-classification: Approved

    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 "JORDAN." Accordingly, his DD Forms 214 for the periods ending 21 April 1968 and 14 April 1971 should be corrected to show his last name as "JORDAN." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Forms 214 for the periods ending 21 April 1968 and 14...

  • ARMY | BCMR | CY2014 | 20140005895

    Original file (20140005895.txt) Auto-classification: Approved

    His DD Form 4 (Enlistment Record - Army Forces of the United States), dated 9 November 1965, shows his last name with the fourth and fifth letters as ch. His record contains numerous orders, personnel, medical, and legal documents to include a DA Form 41 (Record of Emergency Data), dated 23 August 1967, that all show his last name with the fourth and fifth letters as ch and the sixth digit of his SSN as 9. DISCUSSION AND CONCLUSIONS: The evidence of record confirms that upon the...

  • ARMY | BCMR | CY2014 | 20140006874

    Original file (20140006874.txt) Auto-classification: Approved

    The applicant requests: a. correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart; and b. correction of his DA Form 8-275-2 (Clinical Record Cover Sheet), dated 1970, to show his last name spelled as S__TON. Therefore, his DD Form 24 should be corrected to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding...

  • ARMY | BCMR | CY2012 | 20120003126

    Original file (20120003126.txt) Auto-classification: Approved

    The applicant's DD Form 398 (Statement of Personal History), dated 25 August 1967, and his enlistment contract show his last name as Kxxly. He provided a copy of his birth certificate that shows the spelling of his last name as Kxxly. _______ _ __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.

  • ARMY | BCMR | CY2010 | 20100022200

    Original file (20100022200.txt) Auto-classification: Approved

    The applicant requests correction of the spelling of his first name as shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and removal of 4 days of lost time from his DD Form 214. He states his first name is misspelled on his DD Form 214 and should be spelled "Stephen." Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his first name spelled as "Steven."

  • ARMY | BCMR | CY2010 | 20100018654

    Original file (20100018654.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Therefore, it would be appropriate at this time to correct this error by correcting item 1 of his DD Form 214 to show his last name spelled as “Hillier.” 2. Therefore, it would be appropriate at this time to correct item 11d of his DD Form 214 to show he was REFRAD effective 1 September 1968.

  • ARMY | BCMR | CY2010 | 20100014693

    Original file (20100014693.txt) Auto-classification: Approved

    A DD Form 215 (Correction to DD Form 214), dated 12 December 2006, contained in his record shows the spelling of his last name was corrected to show "Santiago." Evidence of record shows an error was made on his DD Form 214 because he could not be credited with 2 years, 7 months, and 8 days of active service if he entered AD on 3 April 1969 and was separated on 10 November 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2013 | 20130019173

    Original file (20130019173.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant's records contain a DD Form 398 (Statement of Personal History), dated 28 May 1971, that he completed during his induction processing which shows he spelled his last name as Vaughn. _______ _ _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.

  • ARMY | BCMR | CY2013 | 20130020409

    Original file (20130020409.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. his last name spelled as Morsxxx; and b. the county in item 21 (Home of Record) spelled as Anne Arundel. The applicant's record contains a DD Form 398 (Statement of Personal History), dated 5 March 1968, that he completed during his induction processing that shows he spelled his last name as Morsxxx. As a result, the Board recommends that all Department of...

  • ARMY | BCMR | CY2008 | 20080004448

    Original file (20080004448.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 3 June 2008 DOCKET NUMBER: AR20080004448 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record confirms the correct spelling of the applicant's last name does not include the letter "N" as the seventh character, as evidenced by the applicant's enlistment record, DA Form 20, and separation document. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing the spelling of his...