IN THE CASE OF: BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017358 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: 13 April 2017 DOCKET NUMBER: AR20150017358 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 amending his DD Form 214 by deleting his last name in item 1 and replacing it with the last name as shown on his DA Form 20. ___________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: 13 April 2017 DOCKET NUMBER: AR20150017358 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as Letson vice Leston. 2. The applicant states a typographical error occurred upon his separation from active duty and his last name was spelled incorrectly. 3. The applicant provides his DD Form 214 and verification of birth record. 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. In conjunction with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) on 19 January 1970, wherein he listed his last name as Letson. 3. He was inducted into the AUS on 22 January 1970. His DD Form 47 (Record of Induction), dated 22 January 1970, shows his last name as Letson. 4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his last name as Letson. 5. His record contains numerous orders, personnel, medical, and legal documents, to include a DD Form 1584 (National Agency Check Request), dated 28 January 1970, that all show his last name as Letson. 6. Special Orders (SO) Number 10, dated 12 January 1972, issued by the U.S. Army Training Center and Fort Campbell, Fort Campbell, KY, relieved him from active duty and transferred him to the U.S. Army Reserve (USAR). This order shows his last name as Leston. 7. He was honorably released from active duty on 13 January 1972 and transferred to the USAR. Item 1 (Name Last, First, Middle) of his DD Form 214 shows his last name as Leston. 8. The applicant provides an Alabama Verification of Birth Record, undated, wherein it shows his last name at birth as Letson. REFERENCES: Army Regulation 635-5 (Separation Documents) then in effect established standardized policy for preparation of the DD Form 214. It stated 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 evidence of record confirms when the applicant was inducted into the AUS his last name was listed as Letson and he used this name throughout his period of service. It appears an error occurred when SO Number 10 was published and his last name was incorrectly listed as Leston. This error was compounded when his DD Form 214 was prepared and his last name was incorrectly listed as Leston. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017358 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017358 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2