BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004846 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 his last name spelled as N__DBY instead of N__BY. 2. The applicant states: * his last name is misspelled * he wants his last name corrected to reflect his birth name * the error was discovered when applying for Department of Veterans Affairs (VA) benefits 3. The applicant provides: * birth certificate * Wisconsin identification card * social security card * DA Form 3349 (Medical Condition – Physical Profile Record) * VA Form 29-8286 (Servicemen's Group Life Insurance Election) * 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's DD Form 398 (Statement of Personal History), dated 25 November 1970, shows his last name spelled as N__DBY. 3. He enlisted in the Regular Army on 4 December 1970 for a period of 2 years. His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his last name spelled as N__DBY. 4. On 17 February 1971, he was honorably discharged. 5. Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his last name spelled as N__BY. 6. He provided a copy of his birth certificate that shows his last name spelled as N__DBY. DISCUSSION AND CONCLUSIONS: The applicant contends his last name is spelled as N__DBY and his 1970 DD Form 398 and enlistment document support this contention. Based on the foregoing evidence, it would be appropriate to correct item 1 of his DD Form 214 to show his last name spelled as N__DBY. BOARD VOTE: ___X_____ ___X_____ __X_ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 current last name in item 1 of his DD Form 214 and replacing it with the spelling of his last name as shown on his 1970 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) AR20150004846 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004846 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1