IN THE CASE OF:	  

		BOARD DATE:	  29 August 2013

		DOCKET NUMBER:  AR20130002228 


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 his first name as "Philip" instead of "Phillip."

2.  The applicant states his DD Form 214 incorrectly reflects his first name as "Phillip" instead of "Philip."

3.  The applicant provides his DD Form 214 and Certificate of Live 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 enlisted in the Regular Army on 13 November 1979.  At the time of his enlistment he provided a copy of the Certificate of Live Birth with his application; however, his records were prepared to reflect his first name was "Phillip" instead of Philip." 

3.  On 22 February 1983, he was discharged with a general discharge.  The DD Form 214 he was issued at the time shows his first name as "Phillip."

4.  A review of his official record shows he signed his first name as "Philip" throughout his service.

5.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  At the time of the applicant's enlistment he provided the same Certificate of Birth as he provided with his application to this Board and it clearly shows his first name as "Philip."

2.  Accordingly, his DD Form 214 should be corrected to show his first name as "Philip" instead of "Phillip."

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 his DD Form 214 the first name of "Phillip" and replacing it with the entry "Philip."



      ___________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)                                         AR20130002228



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ABCMR Record of Proceedings (cont)                                         AR20130002228



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