IN THE CASE OF:	   

		BOARD DATE:	  12 March 2014

		DOCKET NUMBER:  AR20130010560 


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 the last name shown on his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states his last name should be spelled "Toney" and not "Tony" as shown.

3.  The applicant provides copies of his DD Form 214, social security card, and South Carolina Department of Health and Environmental Control Division of Vital Records 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 27 April 1972.   His enlistment contract shows the last name "Tony" has been lined through and replaced with the entry "Toney."

3.  His records primarily show the entry for his last name spelled as "Tony"; however, several documents also show the spelling of his last name as "Toney."

4.  The applicant was honorably released from active duty on 22 April 1975.  His DD Form 214 shows his last name spelled as "Tony."

5.  The provided a copy of his Social Security card and South Carolina Department of Health and Environmental Control, Division of Vital Records Card which indicate his last name  as "Toney."

DISCUSSION AND CONCLUSIONS:

The evidence shows an administrative error was made when recording the applicant's last name on his DD Form 214.  It would be appropriate to correct this error 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 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 his last name spelled as "Toney" as shown on his amended enlistment contract.



      _____________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)                                         AR20130010560



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130010560



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1