IN THE CASE OF:	  

		BOARD DATE:	  26 June 2014

		DOCKET NUMBER:  AR20130019173 


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 his last name spelled as Vaughn.

2.  The applicant states his last name is Vaughn, not Vaugh.

3.  The applicant provides:

* social security card
* DD Form 214

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'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.

3.  He was inducted into the Army of the United States on 9 June 1971.  He served as a field artillery crewman and he was honorably released from active duty on 31 May 1973.

4.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his last name spelled as Vaugh.

5.  He provided his social security card which shows his last name as Vaughn.

DISCUSSION AND CONCLUSIONS:

The applicant contends that his last name should be spelled as Vaughn and his DD Form 398 and social security card support this contention.  Based on the foregoing evidence, it appears that an administrative error occurred during preparation of his DD Form 214 resulting in his last name being misspelled.  Therefore, it would be appropriate to correct item 1 of his DD Form 214 to show his last name spelled as Vaughn.

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 


deleting the current last name from item 1 of his DD Form 214 and replacing it with the last name Vaughn as shown on his DD Form 398.



      _______ _   _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)                                         AR20130019173



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ABCMR Record of Proceedings (cont)                                         AR20130019173



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