IN THE CASE OF: BOARD DATE: 14 November 2013 DOCKET NUMBER: AR20130005743 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 correct spelling of his first name as Stephen. 2. The applicant states his DD Form 214 shows his first name as Steven, but his birth certificate shows Stephen. 3. The applicant provides: * Birth certificate * Ohio driver license * DD Form 214 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 18 January 1968. His DD Form 398 (Statement of Personal History), dated 24 January 1968, shows his first name is Stephen. He served as a military police in Vietnam and he was released from active duty on 16 January 1970. 3. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his first name is Steven. 4. He provides his birth certificate which shows his first name is Stephen. DISCUSSION AND CONCLUSIONS: The applicant contends his first name is Stephen and his DD Form 398 and birth certificate support this contention. Based on the foregoing, it would be appropriate to correct item 1 of his DD Form 214 to show his first name is Stephen. 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 the first name entry in item 1 of his DD Form 214 and replacing it with the entry "Stephen." _______ _ 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) AR20130005743 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130005743 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1