IN THE CASE OF:	  

		BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110011693 


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 "K__a__" and his birth month as "March."

2.  The applicant states his DD Form 214 shows his last name as "K__o__" and it should be "K__a__."  His birth month is shown as "May" and it should be "March."

3.  The applicant provides copies of his DD Form 214 and a Social Security Administration award letter.

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 9 July 1962. 
His DD Form 47 (Record of Induction) shows the spelling of his last name as "K__0__" and his birth month as "Mar" [March].

3.  All documents in his official military personnel file (OMPF) show the spelling of his last name as "K__0__."

4.  The only birth month of record for him is "March."

5.  The DD Form 214 shows the spelling of his last name as "K__o__" and his birth month as "May."

6.  The SSA letter shows the spelling of his last name as "K__o__."  The social security number (SSN) shown in this letter matches the SSN recorded in his OMPF.

7.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his DD Form 214 shows his last name as "K__o__" and it should be "K__a__."  His birth month is shown as "May" and it should be "March."

2.  The evidence in his service record shows the applicant was born in March, not May.  Therefore, it is appropriate correct his DD Form 214 to show his birth month as "March."

3.  The applicant has not provided any evidence to show the proper spelling of his last name aside from the SSA letter.  The SSA letter in and of itself is insufficient to warrant correction of his DD Form 214.

4.  For historical purposes, 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.  The applicant served his entire period in the Army with the spelling ofhis name as “K__o__.”  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.

5.  While it is understandable that the applicant desires to have the spelling of his last name in his military records match that used by the Social Security Administration, there is insufficient evidence to grant relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his birth month as "March."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the spelling of the applicant's last name.



      _____________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)                                         AR20110011693



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ABCMR Record of Proceedings (cont)                                         AR20110011693



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