IN THE CASE OF:	  

		BOARD DATE:  17 May 2012

		DOCKET NUMBER:  AR20110023226 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 May 2004 to reflect the spelling of her last name as Kxxxhxxxxx instead of Kxxxkxxxxx.

2.  The applicant states her last name is spelled incorrectly.

3.  The applicant provides her marriage record document.

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.  Her military records show she enlisted in the U.S. Army Reserve (USAR) on 6 December 1989.  Following various extensions of enlistment she reenlisted for a period of 6 years on 4 February 2000.
3.  Her two DD Forms 4 (Enlistment or Reenlistment Agreement) and all other documents throughout her military service show her last name as "Kxxxxx" with the exception of her separation documents dated in 2004.

4.  She provides a copy of a State of Florida Marriage Record which shows she married someone with the last name of Kxxxhxxxxx on 14 February 2000.

5.  Her DD Form 214 shows her last name spelled as Kxxxkxxxxx.

DISCUSSION AND CONCLUSIONS:

1.  Her records show she enlisted and served under the last name of Kxxxxx.

2.  The marriage record she submitted shows she married someone with the last name of Kxxxhxxxxx.  Her DD Form 214 shows her last name as Kxxxkxxxxx.  

3.  While all other documents throughout her military service show her last name as Kxxxxx, including those after her marriage, until those separation documents completed in February 2004, it appears she attempted to have her name shown on her DD Form 214 as Kxxxhxxxxx.  As such, it appears the last name reflected on her DD Form 214 was transcribed in error; therefore, it would be appropriate to correct her DD Form 214 to show her last name spelled as Kxxxhxxxxx.

BOARD VOTE:

___X____  ___X ___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 her DD Form 214 to show the spelling of her last name the same as that of the person she married as shown on the marriage record she submitted.  




      _______ _ 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)                                         AR20110023226



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ABCMR Record of Proceedings (cont)                                         AR20110023226



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