IN THE CASE OF: BOARD DATE: 5 June 2012 DOCKET NUMBER: AR20110024805 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 (Certificate of Release or Discharge from Active Duty) to show the correct spelling of his last name. 2. The applicant states his last name is incorrectly listed on his DD Form 214. He contends the correct spelling of his last name is N _ _ lit but his DD Form 214 shows his last name as N _ _ ilt. 3. The applicant provides copies of his DD Form 214, Michigan Operator License, a letter from the National Personnel Records Center (NPRC), and 2 pages of his DD Form 4 (Enlistment Contract), dated 5 October 1995. 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 complete Regular Army (RA) records are not available for review. However, there are sufficient documents available to conduct a fair and impartial adjudication of this case. 3. His DD Form 214 shows he entered active duty on 26 July 1989 and he was honorably discharged on 23 December 1993. It shows his last name is listed as N _ _ ilt. 4. Item 19b (Nearest Relative) of his DD Form 214 shows the spelling of his nearest relative's last name as N _ _ lit. 5. His Honorable Discharge Certificate lists his last name as N _ _ lit. 6. On 5 October 1995, he enlisted in the USAR. The DD Form 4 and all of his USAR records show the spelling of his last name as N _ _ lit. 7. He provided a copy of his Michigan Operator License and a letter from the NPRC that lists his last name as N _ _ lit. 8. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: Although his complete Regular Army records are not available for review, item 19 of his DD Form 214 and his Honorable Discharge Certificate show the spelling of his last as N _ _ lit. Additionally, all of his USAR records show his last name as N _ _ lit. It is evident an error was made in the preparation of his DD Form 214 in that his last name is spelled incorrectly. Therefore, it would be appropriate to correct his DD Form 214 to show the correct spelling of his last name at this time. 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 his DD Form 214 to show the spelling of his last name as it is shown on his Honorable Discharge 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) AR20110024805 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110024805 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1