IN THE CASE OF:  

		BOARD DATE:  10 May 2012

		DOCKET NUMBER:  AR20110021005 


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) in:

* Block 1 – Name
* Block 2 – Social Security Number (SSN)

2.  The applicant states:

* his last name is spelled N****E*, not N****O*
* his SSN is XXX-X0-XX0, not XXX-X9-XX0

3.  The applicant provides no additional documentation.

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 (AUS) for 2 years on 11 July 1967.  His induction documents and other official documents in his service records show his last name as N****E* and his SSN as XXX- X0-XX0.

3.  The applicant's DD Form 214 shows his last name as N****O* and his SSN as XXX-X9-XX0.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records clearly show his DD Form 214 is administratively incorrect in Blocks 1 and 2.  His DD Form 47 (Record of Induction) shows his last name as N****E*.  His DD Form 154 (National Agency Check Request) shows his SSN as XXX-X0-XX0.

2.  His DD Form 214 should be corrected.

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 correcting his DD Form 214 to show his name and SSN as reflected on his 
DD Form 154.




      _______ _  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)                                         AR20110021005





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ABCMR Record of Proceedings (cont)                                         AR20110021005



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