BOARD DATE:  12 November 2014	  

		DOCKET NUMBER:  AR20140005797 


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 to the spelling of his first name shown on his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states item 1 (Last Name – First Name – Middle Name) of his DD Form 214 reflects his first name is Norberio, but the correct spelling of his first name is Norberto.

3.  The applicant provides his 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.  On 26 September 1972, the applicant was inducted into the U.S. Army.

3.  The following documents in the applicant's record reflect his first name is Norberto:

* DD Form 47 (Record of Induction)
* DD Form 1584 (National Agency Check Request)
* Headquarters, United States Army, Europe and Seventh Army Special Orders Number 198
* Office of the Adjutant General, Reserve Components Personnel and Administration Center Orders Number 08-1083785

4.  On 17 September 1974, he was honorably released from active duty.  His DD Form 214 reflects his first name is Norberio.

DISCUSSION AND CONCLUSIONS:

1.   The applicant's DD Form 47, DD Form 1584, and various orders reflect he was inducted and served in the Army with the first name Norberto.

2.  The evidence indicates an administrative error occurred during the recording of the first name listed on his DD Form 214.  As such, it would be appropriate to correct the error at this time.

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 DD Form 214 to show his first name is Norberto as shown on his DD Form 47.



      
      __________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)                                         AR20140005797





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ABCMR Record of Proceedings (cont)                                         AR20140005797



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