IN THE CASE OF:	  

		BOARD DATE:  23 May 2012

		DOCKET NUMBER:  AR20110022478 


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 discharge orders to show his correct last name.

2.  The applicant states his last name is "Doxxx," not "Dixxx."  He further states at the time the orders were issued he felt no urgency to correct the error; however, with 13 years of honorable Reserve service he would like the correction made.

3.  The applicant provides:

* Orders Number D-06-903369, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, dated 17 August 1982
* Letter Order A-05-335, issued by the Office of Personnel Operations, Fort Benjamin Harrison, IN, dated 21 May 1968
* 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 was commissioned a U.S. Army Reserve (USAR) second lieutenant (2LT) on 16 May 1968.

3.  All available documents in the applicant's official military personnel file (OMPF) show the last name of "Doxxx," except Orders Number D-06-903369, dated 17 August 1982, that honorably discharged him as a captain (CPT) from the USAR Ready, effective 17 August 1982.  These orders show the applicant's last name as "Dixxx."

DISCUSSION AND CONCLUSIONS:

It appears an error occurred in the preparation of the applicant's discharge orders resulting in the entry of an incorrect last name.  Since this document is the only one with an incorrect last name and the only record of his USAR honorable discharge it is important that the orders be corrected to show his correct last name.  Therefore, Orders Number D-06-903369 should be corrected to show his correct last name of "Doxxx."

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 Orders Number D-06-903369, dated 17 August 1982, to show the applicant's last name as "Doxxx," as shown on all other documents in his OMPF.



      _______ _  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)                                         AR20110022478



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ABCMR Record of Proceedings (cont)                                         AR20110022478



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