IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150006062 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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show: * the spelling of his last name as "Thie------" * his year of induction as "1953" * that he attended "Food" Service School 2. The applicant states he does not understand why he has two DD Forms 214 that contain typographical errors. 3. The applicant provides two DD Forms 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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. This case is being considered using the documents provided by the applicant and Special Orders Number 112. 3. The applicant provides two DD Forms 214; however, only one of the forms was authenticated with his signature. The intended use of the other form is uncertain; it was not authenticated with the applicant's signature and the word "VOID" is written on it. Therefore, the authenticated DD Form 214 will be used to address his requested corrections. 4. Item 1 (Last Name - First Name - Middle Name) of his authenticated DD Form 214 shows his last name as "Thei------." However, item 48 (Signature of Person Being Separated) shows his last name as "Thie------" and he signed this form as such. 5. Special Orders Number 112, issued by Headquarters, The Engineer Center, U.S. Army, Fort Belvoir, Virginia on 9 June 1955, lists the spelling of his last name as "Thie------," as he requests. 6. Item 15 (Inducted) of his authenticated DD Form 214 contains the entry "18 Aug 52." 7. Item 19 (Date and Place of Entry into Active Service) of his authenticated DD Form 214 contains the entry "19 Aug 53 LITTLE ROCK ARKANSAS." 8. On 20 June 1955, he was released from active military service and transferred to the U.S. Army Reserve to complete his remaining service obligation. The evidence of record shows he completed 1 year, 10 months, and 2 days of net service for pay purposes. He completed no foreign service. His most significant duty assignment was with Company C, 87th Engineer Battalion performing duties in military occupational specialty (MOS) 1824 as a cook. 9. Item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad Courses Successfully Completed) of his authenticated DD Form 214 shows he completed "Good" Service School from November 1953 through January 1954. The major course he completed was in "Cooking." 10. Item 41 (Dates of Last Civilian Employment) of his authenticated DD Form 214 shows he was employed as a Routeman from November 1950 through August 1953. 11. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: 1. Item 48 of the applicant's authenticated DD Form 214 and Special Orders Number 112 lists the spelling of his last name as he requests. Clearly, a typographical error was made in item 1 of this DD Form 214. 2. Item 15 of his authenticated DD Form 214 shows he was inducted into the Army of the United States on 18 August 1952; however, Item 19 shows he entered into active duty on 19 August 1953. Considering the applicant's dates of civilian employment from November 1950 through August 1953, it is reasonable to conclude the applicant's DD Form 214 contains a typographical error and he was actually inducted in 1953. 3. With regard to the applicant's service school, it appears a typographical error resulted, which credited him with completing "Good" Service School. Based on his MOS as a cook, it is reasonable to conclude he actually completed the "Food" Service School. 4. The applicant is advised that he should present the DD Form 214 bearing his signature when he is asked to provide the document as evidence of his military service. 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: * amending his authenticated DD Form 214 to show his last name as "Thie------" as shown on Special Orders Number 112 * amending item 15 to show he was inducted in 1953 * amending item 30 to show he completed Food Service School ____________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) AR20150006062 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006062 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1