IN THE CASE OF:	  

		BOARD DATE:	    14 June 2012

		DOCKET NUMBER:  AR20110024755


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 his last name as "XXXXey" instead of "XXXXley."

2.  The applicant states the incorrect spelling affects his ability to seek a discharge upgrade.

3.  The applicant provides his DD Form 214 and his birth certificate.

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 20 May 1968.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 47 (Record of Induction) shows his last name as "XXXXey."

3.  Item 1 (Name (Last, first, middle initial) and Service Number) of his 
DA Form 20 (Enlisted Qualification Record) shows his last name as "XXXXey."

4.  On 28 July 1971, he was discharged from the Army.  Item 1 (Last Name – First Name – Middle Name) of the DD Form 214 he was issued shows his last name as "XXXXley."

5.  Nearly every document in his Military Personnel Records Jacket, with the exception of his DD Form 214, shows his last name as "XXXXey."

6.  The applicant provides his birth certificate, which shows his last name as "XXXXey."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his last name as "XXXXey" instead of "XXXXley" was carefully considered and was determined to have merit.

2.  The applicant provided evidence that shows his last name was consistently represented as "XXXXey," both prior to his induction date and during his period of service.

3.  Accordingly, it can be presumed that the entry of his last name on his DD Form 214 resulted from a clerical error.  Therefore, it would be appropriate to grant the requested relief by correcting his DD Form 214 to show his last name as it is listed on his DD Form 47.

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 is 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 Item 1 of his DD Form 214 to show his last name as it is listed on his DD Form 47.



      ____________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)                                         AR20100016493



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ABCMR Record of Proceedings (cont)                                         AR20110024755



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