IN THE CASE OF:
BOARD DATE: 27 October 2015
DOCKET NUMBER: AR20150004223
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the spelling of her last name as W__eich instead of W__ich.
2. The applicant states the letter "e" is missing from the spelling of her last name.
3. The applicant provides:
* DD Form 214
* DD Form 2 (Armed Forces of the United States Geneva Conventions Identification 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. On 21 April 1989, she completed the following forms that show her last name spelled as W__eich:
* DD Form 398-2 (Department of Defense Personnel Security Questionnaire)
* Standard Form 93 (Report of Medical History)
3. On 5 July 1989, she accepted a Reserve commission in the rank of second lieutenant. Her DA Form 71 (Oath of Office) shows her last name spelled as W__eich.
4. On 22 February 1991, she was honorably released from active duty. Her DD Form 214 shows her last name spelled as W__ich.
5. On 14 January 2008, she was honorably discharged from the U. S. Army Reserve in the rank of major.
6. A review of her records shows she consistently used the last name spelled as W__eich.
7. 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:
1. In connection with her appointment, the applicant listed her last name spelled as W__eich and she continued using this spelling throughout her military service.
However, it appears that an administrative error occurred in the spelling of her last name during the preparation of her DD Form 214.
2. Based on the evidence of record and the evidence provided by the applicant, her DD Form 214 should be corrected to show her last name spelled as shown on her DD Form 398-2.
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 her DD Form 214 to show the spelling of her last name as shown on her DD Form 398-2.
____________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) AR20150004223
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ABCMR Record of Proceedings (cont) AR20150004223
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