IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150013195 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 IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150013195 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 his name from item 1 (Last Name, First Name, Middle Name) of his DD Form 214 for the period ending 16 November 1969 and adding his name as it is listed on his DD Form 4, dated 27 February 1969. ___________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. IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150013195 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) by changing the spelling of his last name from "XXXSHEID" to "XXXSCHEID." 2. The applicant states, in effect, his DD Form 214 incorrectly lists his last name as "XXXSHEID." He believes this was a clerical error. 3. The applicant provides his DD Form 214 for the period ending 16 November 1969 and his driver's license. 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 U.S. Army Reserve on 27 February 1969. Item 5 (Last Name, First Name, Middle Name) of his DD Form 4 (Enlistment Contract - Armed Forces of the U.S.) shows his last name as "XXXSCHEID." 3. His available service records contain the following relevant documents: a. Letter Orders Number ALFAG-ZE 06-6440, dated 9 June 1969, issued by Headquarters, Fifth U.S. Army, ordered him to active duty for training (ACDUTRA) with a reporting date of 7 July 1969. His last name is listed as "XXXSCHEID" on his orders. b. Special Orders (SO) Number 146, dated 14 July 1969, issued by the U.S. Army Reception Station (USARECSTA), reassigned the applicant from the USARECSTA to a unit for basic combat training (BCT). His last name is listed as "XXXSCHEID." c. SO Number 209, dated 28 August 1969, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, released the applicant from his BCT unit and assigned him to a unit to complete advanced individual training. His last name is listed as "XXXSCHEID." 4. He was honorably released from ACDUTRA on 16 November 1969. Item 1 lists his last name as "XXXSHEID." 5. The applicant provides a driver's license showing his last name as "XXXSCHEID." REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. a. This regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her active military service, and to furnish a vital record for interested government agencies that assist the individual in obtaining the rights and benefits that may accrue as the result of such service. b. All available records will be used as a basis for the preparation of the DD Form 214, to include such forms as the DD Form 4. Regarding name, the instruction is to enter the last name, first name, and spell out the full middle name or names, if any. DISCUSSION: The applicant requests correction of the spelling of his last name on his DD Form 214. The evidence of record supports that the last name he used while in the Army was "XXXSCHEID." It appears a clerical error was made when his DD Form 214 was prepared and it supports correcting the spelling of his last name. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013195 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013195 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2