IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120000980 


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 last name on his DA Form 
87 (Department of the Army Certificate of Training), dated 16 December 1966. 

2.  The applicant states that his last name on his DA Form 87 should be corrected to show "Rxxxr" instead of "Rxxxv."

3.  The applicant provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a DA Form 87
* a State of Florida Certificate of Birth

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 
7 September 1966.

3.  The applicant’s entire Military Personnel Records Jacket (MPRJ) shows his last name as “Rxxxr” except for his DA Form 87 that shows his last name as “Rxxxv.”  On 18 June 1968, the applicant was honorably released from active duty.  Item 32 (Signature of Person Being Transferred or Discharged) of his
DD Form 214 shows he signed his last name as "Rxxxr."

DISCUSSION AND CONCLUSIONS:

The applicant's DA Form 87, dated 16 December 1966 erroneously shows his last name as “Rxxxv.”  His DD Form 214 and all other documents in his MPRJ confirm that his DA Form 87 is incorrect.  Therefore, his DA Form 87 should be corrected to reflect his last name as “Rxxxr” as shown on his DD Form 214.

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 DA Form 87 (by issuing an appropriate cover document, if necessary) to show his last name as it is listed on his DD Form 214.



      _______ _   __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)                                         AR20120000980





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ABCMR Record of Proceedings (cont)                                         AR20120000980



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