BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110009511 


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 the spelling of his last name as "M---ay" instead of "M---y."

2.  The applicant states his last name is incorrectly spelled on his DD Form 214.

3.  The applicant provides a Certified Transcript of Birth, dated 31 March 2011.

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 was inducted into the Army of the United States on 13 August 1970.  He completed training and he was awarded military occupational specialty 12A (field artillery basic).
3.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 47 (Record of Induction) shows the entry "F--, W------ E----" with the typed entry "M---ay, E---- W------" above the lined-through entry.  Item 1 also has the entry "See Remarks."  Item 17c (Remarks) of this form contains the entry "Subj indiv inducted under wrong name.  Changed upon receipt of Birth Certificate.  Birth Cert added as inclosure."

4.  His DA Form 20 (Enlisted Qualification Record), DD Form 398 (Statement of Personal History), most orders and other official documents contained in his military personnel record, and the Certified Transcript of Birth he provided show his last name as "M---ay."

5.  He was discharged from active service on 10 May 1972.  The DD Form 214 he was issued at the time shows his last name spelled as "M---y."

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 47, DA Form 20, DD Form 398, and most other official documents in his personnel record, and the Certified Transcript of Birth he provided, show his last name spelled as "M---ay."

2.  It is evident that his last name is spelled "M---ay" in his military records and that item 1 (Last Name First Name Middle Name) of his DD Form 214 was administratively mistyped with his last name as "M---y."  Therefore, it would be appropriate to correct item 1 of his DD Form 214 to show his correct last name as "M---ay" as corroborated by official documents contained in his military record.

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 the DD Form 214 of the individual concerned be corrected by deleting from item 1 of his DD Form 214 the entry "M---y" and replacing it with the spelling of his last name as shown on his Certified Transcript of Birth.



      ___________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)                                         AR20110009511



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ABCMR Record of Proceedings (cont)                                         AR20110009511



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