IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150005969 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 in Item 1 (Last Name – First Name – Middle Name) his last name as "L---sma" instead of "L---zma." 2. The applicant states at the time of his entry into the U.S. Army he mentioned that his last name was misspelled. He was told that if he had it corrected it would cause a delay, that he should just let it be, and to have it corrected at a later date. 3. The applicant provides copies of his DD Form 214 and a letter from the National Personnel Records Center (NPRC). 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations. 2. The applicant enlisted in the Regular Army (RA) on 25 March 1971. His records contain the following: * DD Form 398 (Statement of Personal History), dated 25 March 1971, which lists his last name spelled as "L---sma" and his signature containing the same spelling of his last name * DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 25 March 1971, which lists his last name spelled as "L---zma" and his signature containing the same spelling of his last name * DA Form 41 (Record of Emergency Data), dated 25 March 1971, which lists his last name spelled as "L---zma" and his signature containing the same spelling of his last name; this form also lists this same spelling as his parent's last name * DA Form 20 (Enlisted Qualification Record), dated 19 September 1971, which lists his last name spelled as "L---zma" and his signature containing the same spelling of his last name 3. He was honorably released from active duty on 13 November 1972 and was transferred to the U.S. Army Reserve (USAR). Item 1 of his DD Form 214 lists his last name spelled as "L---zma." 4. Orders Number 82-1023626, issued by the Reserve Components Personnel and Administration Center on 23 February 1977, honorably discharged him from the USAR on 24 March 1977. The orders list his last name spelled as "L---zma." 5. He provided a copy of a letter, dated 11 March 2013, in which the NPRC provided him a copy of his DD Form 214. The letter lists his last name spelled as "L---sma" in its salutation and reason lines. 6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 was a summary of a Soldier’s most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated item 1 would list the last name, first name, and full middle name, if any, verified in the Soldier's record. DISCUSSION AND CONCLUSIONS: The applicant's DD Form 398 confirms he enlisted in the RA with his last name spelled as "L---sma." It appears his military personnel records and DD Form 214 contain administrative errors in the spelling of his last name. Item 1 of his DD Form 214 should be corrected to show his last name spelled as "L---sma." 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 in item 1 of his DD Form 214 his last name spelled the same as "L---sma" (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) AR20150005969 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005969 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1