BOARD DATE: 7 August 2014 DOCKET NUMBER: AR20130021227 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 last name. 2. The applicant states his last name on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is spelled incorrectly. 3. The applicant provides copies of his: * DD Form 214 * New Hampshire Operator License * Department of Veterans Affairs (VA) 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. The applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. 3. The applicant's available record shows he enlisted in the Regular Army on 31 January 1956. 4. All of the official documents contained in his available Official Military Personnel File (OMPF) show his last name as Y-kk-y. These documents include a: * WD AGO Form 481 (Military Leave Record) * Form 24 (Service Record) * DA Form 20 (Enlisted Qualification Record) 5. On 2 November 1957, he was released from active duty after completing 1 year, 9 months, and 2 days of total active military service. Item 1 (Name) of the DD Form 214 he was issued shows his last name as Y-nk-y. Item 32 (Signature of Person Being Transferred or Discharged) is illegible. 6. He submitted his: a. New Hampshire Operator License, which is illegible; and b. VA Identification Card, which shows his last name as Y-kk-y. DISCUSSION AND CONCLUSIONS: The available evidence shows the requested spelling of the applicant's last name is consistent with the spelling of his last name on his available military documents. It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in his last name being misspelled on his DD Form 214. 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 name in item 1 of his DD Form 214 and adding the applicant's last name as it is listed on his VA Identification Card. _________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) AR20130021227 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130021227 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1