IN THE CASE OF:	  

		BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20140002210 


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) by showing his last name as ending in “sen” vice “son.”

2.  The applicant states the correct spelling of his last name is with an ending of "sen."

3.  The applicant provides copies of:

* A DD Form 214
* An Iowa State Certificate of Birth
* A death certificate of his father
* A letter from the Trinity Lutheran Church, dated 29 December 1970
* A DD Form 256A (Honorable Discharge Certificate), dated 30 April 1963
* A North Dakota Driver License
* An American Veterans (AMVETS) Life Membership Card
* A Medicare Health Insurance Card
* A Certificate of Service, Army of the United States

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 following documents contained in the applicant’s military records show his last name as ending in "sen":

* DD Form 47 (Record of Induction)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 24 (Service Record)

3.  On 25 May 1955, the applicant was inducted into the Army of the United States.  He was released from active duty on 24 May 1957.  His DD Form 214 for this period of active duty shows his last name typed as ending in “son.”  His signature indicates an ending of "sen."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant’s last name was spelled with the ending "sen."

2.  In view of the above, the applicant’s request should be granted.

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 showing on his DD From 214, his last name as ending in "sen" as shown on his DD Form 47.



      ___________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)                                         AR20140002210





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ABCMR Record of Proceedings (cont)                                         AR20140002210



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