IN THE CASE OF:	  

		BOARD DATE:  15 May 2012

		DOCKET NUMBER:  AR20110023443 


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 the spelling of his last name in item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the correct spelling of his last name is Bxxxdon not Bxxxadon.

3.  The applicant provides:

* Birth certificate
* DD Form 214
* Copy of an envelope from the National Personnel Records Center showing the correct spelling of his last name

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's DD Form 398 (Statement of Personal History), dated 
12 August 1970 shows his last name as Bxxxdon.  His enlistment contract shows his last name as Bxxxdon.  He enlisted in the Regular Army on 9 September 1970 for a period of 3 years.  He served as a medical supply and parts specialist and was honorably discharged on 30 December 1972. 

3.  Item 1 of his DD Form 214 shows the last name as Bxxxadon.  Item 32 (Signature of Person Being Transferred or Discharged) of his DD Form 214 shows a legible signature and Bxxxdon as the last name.

4.  In support of his claim, he provided a birth certificate which shows his last name as Bxxxdon.   

DISCUSSION AND CONCLUSIONS:

The evidence of record shows his last name as Bxxxdon at the time of enlistment.  Therefore, it would be appropriate to correct item 1 of his DD Form 214 to reflect this last name as shown on his birth certificate. 

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 the last name in item 1 of his DD Form 214 and adding his last name as it is listed 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)                                         AR20110023443



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ABCMR Record of Proceedings (cont)                                         AR20110023443



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