IN THE CASE OF:	  

		BOARD DATE:  21 November 2013

		DOCKET NUMBER:  AR20130006947 


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 last name and birth month shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  He states he was born in March, not May.  His last name is spelled "G------z," but is shown as "G------s" on his DD Form 214.

3.  He provides no additional documentation in support of his request.

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 15 August 1963, the applicant was inducted into the Army of the United States.  
3.  The DD Form 47 (Record of Induction) completed during his induction processing shows in:

* item 1 (Last Name - First Name - Middle Name) – the last name "G------z"
* item 5 (Date of Birth) – the entry "31 May" was struck out and replaced with "11 Mar"

4.  A review of his record shows his last name was consistently recorded as 
"G------z" and his birth month was consistently recorded as "Mar."

5.  On 4 August 1965, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows in:

* item 1 (Last Name - First Name - Middle Name) – the last name "G------s"
* item 6 (Date of Birth) – the birth month "May"

DISCUSSION AND CONCLUSIONS:

The evidence shows administrative errors were made when recording the applicant's last name and birth month on his DD Form 214.  It would be appropriate to correct these errors at this time.  

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 




amending his DD Form 214 to show his last name as "G------z" and his birth month as "March."



      _______ _  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)                                         AR20130006947





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ABCMR Record of Proceedings (cont)                                         AR20130006947



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