IN THE CASE OF:	  

		BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120005388 


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 "K-a-" instead of "K-r-."

2.  He states it's a common mistake in the spelling of his last name.

3.  He provides his DD Form 214 and California Driver License.

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 enlisted in the Regular Army on 3 October 1963 for a period of 3 years.  He completed training and he was awarded military occupational specialty 36H (Dial Central Office Repairman).
3.  His record contains the following documents that show his last name as
"K-a-," the last name he claims is correct.  He signed these documents with the same spelling.

* DD Form 4 (Enlistment Record – Armed Forces of the United States)
* DA Form 3054 (Elections of Amount, Beneficiary Designation, and Settlement Options for Servicemen's Group Life Insurance)
* DD Form 398 (Statement of Personal History)
* DA Form 20 (Enlisted Qualification Record)

4.  On 15 September 1966, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 11 months, and 13 days of total active service.

5.  Item 1 (Last Name – First Name – Middle Name) of the DD Form 214 he was issued at the time shows the spelling of his last name as "K-r-."  He signed this discharge document with the spelling of his last name as "K-a-."

6.  He provided a copy of his California Driver License that shows the spelling of his last name as "K-a-."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record contains documents that show the spelling of his last name as "K-a-," as spelled on the copy of his California Driver License he provided.

2.  It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in the misspelling of his last name.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show the spelling of his last name as shown on his DD Form 4.

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 from item 1 of his DD Form 214 the current last name entry and replacing it with the last name as shown on his DD Form 4.



      ___________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)                                         AR20120005388



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ABCMR Record of Proceedings (cont)                                         AR20120005388



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