IN THE CASE OF:	  

		BOARD DATE:	  12 June 2012

		DOCKET NUMBER:  AR20110024945 


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 the spelling of his last name as "P____EN."

2.  The applicant states his last name was spelled incorrectly.

3.  The applicant provides his DD Form 214, birth certificate, and a Department of Veterans Affairs (VA) corporate award and rating data printout.

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.  Prior to his enlistment in the Regular Army, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed "P____EN" as the spelling of his last name and he authenticated this form with his signature using the spelling "P____EN."

3.  He enlisted in the Regular Army on 27 December 1966.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows the spelling of his last name as "P____EN."  He authenticated this form with his signature using the spelling "P____EN."

4.  His record contains a DA Form 20 (Enlisted Qualification Record) which lists his last name spelled as "P____EN."  He authenticated this form with his signature using the spelling "P____EN."

5.  He was honorably released from active duty on 8 August 1969.  His DD Form 214 lists the spelling of his last name as "P____ON."  He authenticated this form with his signature using the spelling "P____EN."

6.  The applicant provides his birth certificate and a VA corporate award and rating data printout that contains his last name spelled as "P____EN."

DISCUSSION AND CONCLUSIONS:

The applicant's record shows he enlisted under and consistently used the last name of "P____EN" throughout his period of military service.  It appears his last name was incorrectly entered on his DD Form 214 as a result of an administrative error.  Therefore, his DD Form 214 should be corrected to reflect his last name spelled as "P____EN."

BOARD VOTE:

____x___  ____x___  ____x___  GRANT PARTIAL 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 deleting the last name "P____ON" from his DD Form 214 and replacing it with the last name spelled as shown 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)                                         AR20110024945



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ABCMR Record of Proceedings (cont)                                         AR20110024945



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