IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150008820 BOARD VOTE: ____x____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150008820 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 the Department of the Army records of the individual concerned be corrected by: a. replacing the last name on his DD Forms 214, dated 25 November 1960 and 6 August 1962, as well as his DD Forms 215, dated 10 December 1962, with the last name shown on his birth certificate that contains the letter "s" as the fifth character; and b. reissuing him the Honorable Discharge Certificate, dated 31 October 1963, reflecting the last name as shown on his birth certificate. _____________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. IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150008820 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 records to show the letter ?s? instead of the letter ?a? as the fifth character of his last name. 2. The applicant states he has been trying to correct this misspelling for over 50 years, including at each duty station. He hopes this Board can correct the spelling and he hopes to be buried at a Department of Veterans Affairs cemetery with the correct name. 3. The applicant provides: * October 1963 Honorable Discharge Certificate * October 1963 U.S. Army Reserve (USAR) discharge orders * 1960 and 1962 DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) * Certified Copy of Birth Certificate and a copy of his U.S. Passport 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 enlisted in the Regular Army for a 3-year term on 26 November 1957. Item 1 (Last Name-First Name-Middle Name) of his DD Form 4 (Enlistment Record) listed his last name with the letter "a" as the fifth character. He signed this contract using this last name, with the letter "a" clearly visible as the fifth character. 3. Medical documents created in connection with this enlistment listed his last name differently. The Standard Form 88 (Report of Medical Examination) and Standard Form 89 (Report of Medical Examination), completed on the date of his enlistment, both listed his last name with the letter "s" in the fifth character. 4. Multiple other documents of record listed his last name with the letter "a" as the fifth character. These include: * DD Form 93 (Record of Emergency Data), dated October 1960 * Appointment/promotion orders, dated November 1958 and August 1959 * Troop Education Individual Record 5. He was honorably released from active duty on 25 November 1960 and he was transferred to the US Army Reserve (USAR) Control Group to complete his remaining service obligation. Item 1 (Last Name-First Name-Middle Name) of his DD Form 214 listed his last name with the letter "a" as the fifth character. He also signed this form using this last name, with the letter "a" clearly visible in the fifth character. 6. On 11 November 1961, he was ordered to active duty from the USAR and on 13 November 1961, he underwent an active duty physical. Both, his Standard Form 88 and Standard Form 89 listed his last name with the letter "a" as the fifth character. 7. His DA Form 20 (Enlisted Qualification Record) which was created and replaced the DA Form 24 upon his reentry on active duty also listed his last name with the letter "a" as the fifth character. Multiple other documents from this period of service listed his last name with the letter "a" as the fifth character. These include: * Orders to active duty * Multiple marksmanship badge orders * DA Form 137 (Installation Clearance Record) * Another DD Form 93 8. He was honorably released from active duty on 6 August 1962 and transferred to the USAR Control Group to complete his remaining service obligation. Item 1 of his DD Form 214 listed his last name with the letter "a" as the fifth character. He also signed this form using this last name, with the letter "a" clearly visible as the fifth character. 9. On 10 December 1962, he was issued two DD Forms 215 (Correction to DD Form 214) to correct the Selective Service Number listed on each of his DD Forms 214. Both DD Forms 215 listed his last name with the letter "a" as the fifth character. 10. On 31 October 1963, the U.S. Army Records Center, St. Louis, MO published Letter Orders honorably discharging him from the USAR effective 31 October 1963 and issued him an Honorable Discharge Certificate. The letter orders and certificate both listed his last name with the letter "a" as the fifth character. 11. He provides a certified copy of live birth and page one of his passport both listing his last name with the letter "s" as the fifth character. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. 2. Army Regulation 15-185 (ABCMR) states the ABCMR considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. Aside from the medical documents created in connection with this enlistment (Standard Forms 88 and 89) that listed his last name with the letter "s" as the fifth character, none of his other personnel, medical, finance, or logistics documents listed this last name this way at any time during his two periods of active duty. In fact, in those documents where he was required to sign, he placed his name using the last name with the letter "a" clearly visible in the fifth character. 2. The preponderance of the evidence clearly shows the applicant used the last name with the letter "a" in the fifth character throughout his two periods of active service. This last name is consistent with the last name on all official military records throughout his active service, except the two medical forms. He authenticated several forms that contain this name. 3. Normally, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 4. However, in similar cases, this Board determined that if the member's service records contain at least one document that substantiates his or her claim, equity trumps and relief is strongly considered. The applicant's service record in this case contains the two medical forms initiated upon his enlistment in 1957 and reflect his last name with the letter "s" in the fifth character. From an equity standpoint, his service records contain an error in the last name. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008820 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008820 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2