BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002164 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____x___ ____x____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002164 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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. BOARD DATE: 24 August 2017 DOCKET NUMBER: AR20160002164 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 his last name be changed from "Ful_______" to "Full_______" on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 June 1961. 2. The applicant states that his last name is spelled wrong on his DD Form 214. There is a missing "L" in his name. It should be "Full_______," not "Ful_______." 3. The applicant provides: * DD Form 214 * Court document * Letter from Social Security Administration * Social security 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 initially enlisted in the Regular Army on 25 March 1954. His DD Form 4 (Enlistment Record - United States) shows his last name as "W_____." 3. He reenlisted on 25 October 1955. His DD Form 4 shows his last name of "W_____" was lined through and the last name of "Ful_______" was entered in block 1 (Last Name - First Name - Middle Name). His DA Form 20 (Enlisted Qualification Record) list his last name as "Ful_______." 4. His service record contains a court document from the State of Texas, District Court, 17th Judicial District, Tarrant County, Texas that ordered his name changed from "F_______ L_________ W_____" to "F_______ L_________ Ful_______" on 9 December 1955. 5. His service record contains a DA Form 1049 (Personnel Action), dated 7 February 1956, that shows he requested his military records be changed to reflect his name change from "F_______ L. W_____" to "F_______ L. Ful_______." 6. Orders published in May 1960, June 1960, and May 1961 all show his last name as "Ful_______." 7. He completed a DD Form 93 (Record of Emergency Data) on 1 June 1961 that shows his last name as Ful_______. He signed this form using the same spelling of his last name. 8. His DA Form 24 (Service Record) shows his last name as "Ful_______." Section 10 (Remarks) includes the entry "Name changed from F_______ L W_____ to F_______ L Ful_______ 9 Dec 55 District Court, 17th Judicial District, [Tarrant] County, Texas." 9. The Army released him from active duty on 2 June 1961 and transferred him to a Reserve unit. The DD Form 214 issued for this period shows his last name as "Ful_______." 10. On 6 January 1977, the 30th District Court of Wichita County, Texas ordered that his name be changed from "F_______ L_________ Full_______" to "F_______ W_____." 11. He enlisted in the U.S. Army Reserve on 19 January 1978. His DD Form 4 shows his last name as "W_____." In Block 41 (Remarks) of his DD Form 1966 (Application for Enlistment - Armed Forces of the United States) he indicated his original name was "F_______ L_________ Full_______." 12. On 16 October 1979, he enlisted in the Washington Army National Guard. His DD Form 4 shows his last name as "W_____." He was discharged on 4 February 1981 and transferred to a Reserve unit. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows his last name as "W_____." Orders published on 3 November 1981 reassigned him to the U.S. Army Reserve Control Group (Reinforcement), effective 3 November 1981 and show his last name as "W_____." 13. Orders published on 28 September 1982 discharged him from the Ready Reserve, effective 15 October 1982 and show his last name as "W_____." 14. He provided a court document that ordered his name be changed from "F_______ L_________ W_____" to "F_______ L_________ Full_______" on 26 October 1989. 15. He provided a letter dated 13 October 2015 from the Social Security Administration that shows his last name as "Full_______." He also provided a copy of his social security card that shows his last name as "Full_______." REFERENCES: Army Regulation 635-5 (Separation Documents) in effect at the time governed the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The applicant's service record contains two documents, a court order (6 January 1977) and a DD Form 1966 (19 January 1978), that show the spelling of his last name as "Full_______." 2. His social security card and letter from the Social Security Administration confirm his last name is "Full_______." However, his DD Form 214 for the period ending 2 June 1961 reflects his last name as "Ful_______." This DD Form 214 reflects the spelling of his name as shown in the court order dated 9 December 1955 that changed his name. The evidence indicates he began using a different spelling of the name at some later date. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002164 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002164 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2