BOARD DATE:  14 April 2016

		DOCKET NUMBER:  AR20150011463


BOARD VOTE:

___x______  ___x____  __x___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration


	 

		BOARD DATE:  14 April 2016

		DOCKET NUMBER:  AR20150011463


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 listed in item 1 of his DD Form 214 and replacing it with the first name listed 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.


	 

		BOARD DATE:  14 April 2016

		DOCKET NUMBER:  AR20150011463


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:

11.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the spelling of his first name as "xxxxxIE" instead of "xxxxxES."

2.  The applicant states, in effect, a typographical error occurred upon completing his DD Form 214.

3.  The applicant provides a certified copy of his birth certificate.
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 21 May 1968.
3.  Item 1 (LAST - NAME, FIRST - NAME, MIDDLE - NAME) of his DD Form 47 (Record of Induction) lists his first name as "xxxxxIE."

4.  The applicant's records contain various personnel documents that list his first name as "xxxxxIE."  He authenticated many of these forms by signing that name.

5.  The applicant was honorably released from active duty on 22 December 1969.  Item 1 (Name (Last, First, Middle)) of his DD Form 214 shows his first name as "xxxxxES."

REFERENCES:

Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION:

The applicant's first name appears as "xxxxxIE" on his DD Form 47; however, it appears as "xxxxxES" on his DD Form 214.  It is logical to conclude an administrative error occurred during the preparation of his DD Form 214.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20150011463



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20150011463



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2