BOARD DATE:	  6 December 2011 

		DOCKET NUMBER:  AR20110011965 


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 his first name as "Philip" instead of "Phillip."

2.  The applicant states the Department of Homeland Security requires the name on all documents be spelled the same.

3.  The applicant provides his:

* DD Form 214
* Social Security Card
* Indiana Driver License
* Certificate of Birth

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 on 31 July 1959.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Record - Armed Forces of the United States) shows his first name as "Philip."

3.  His DA Form 24 (Service Record) that was created upon his entrance into the Army shows the first name as "Philip."

4.  His record contains several other official personnel and/or medical documents that show his first name as "Philip."  Those documents requiring a signature shows he authenticated them using the first name as "Philip."

5.  He was honorably released from active duty on 16 July 1962.  Item 1 (Last Name, First Name, Middle Name) of the DD Form 214 shows his first name as "Phillip."  He also authenticated this form by placing his signature in item 34 (Signature of Person Being Transferred or Discharged) using the first name "Philip."

6.  He provides his Social Security Card, Indiana Driver License, and Certificate of Birth listing his first name as "Philip."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant used the spelling of his first name as "Philip" upon his enlistment in the Army.  This spelling of his first name is consistent with the first name on all official military records throughout his military service.  He authenticated several of these forms that contain this spelling of his first name.  It appears his first name was incorrectly spelled during the preparation of his DD Form 214 as a result of an administrative error.

2.  In view of the foregoing the applicant's DD Form 214 should be corrected as recommended below.

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 deleting from item 1 of his DD Form 214 the first name entry of "Phillip" and replacing it with the first name entry of "Philip."



      __________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)                                         AR20110011965



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ABCMR Record of Proceedings (cont)                                         AR20110011965



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