IN THE CASE OF:	  

		BOARD DATE:  14 February 2012

		DOCKET NUMBER:  AR20110015539 


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 correct spelling of his last name as "B-e-y" vice "B-r-y."

2.  He states a typing error occurred.

3.  He provides his DD Form 214, birth certificate, and Nevada Driver's License.

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 8 July 1969. His DD Form 47 (Record of Induction) shows the spelling of his last name as
"B-e-y" and his name appears this way consistently throughout his records.  He received a general discharge from active duty on 8 October 1970 and he was credited with 1 year, 2 months, and 15 days of total active service.

3.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his last name as "B-r-y."

4.  His birth certificate and driver's license show the spelling of his last name as "B-e-y."

5.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

DISCUSSION AND CONCLUSIONS:

The applicant's last name when he was inducted into the Army, throughout his service, and at the time he was discharged was spelled "B-e-y." Additionally, his birth certificate and driver's license confirm the correct spelling of his last name.  Therefore, he is entitled to correction of his DD Form 214 to show the spelling of his last name as "B-e-y."

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 

amending his DD Form 214 to show his last name as "B-e-y" as it appears 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.



ABCMR Record of Proceedings (cont)                                         AR20110015539





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ABCMR Record of Proceedings (cont)                                         AR20110015539



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