BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000819 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: 11 May 2017 DOCKET NUMBER: AR20160000819 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 last name listed in item 1 (LAST NAME – FIRST NAME – MIDDLE NAME) of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 14 July 1970 and 13 July 1973 and replacing it with the last name "SAAR" as shown on his DD Form 398 (Statement of Personal History). _____________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: 11 May 2017 DOCKET NUMBER: AR20160000819 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, in effect, correction of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "SAAR" instead of "SOAR." 2. The applicant states his last name is misspelled. 3. The applicant provides: * DD Form 214 * social security card * driver 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. As part of his induction processing on 8 July 1970, the applicant completed a DD Form 398 (Statement of Personal History) in which he lists his last name as "SAAR." He authenticated this document with his signature using the last name of "SAAR." 3. The applicant was inducted into the Army of the United States on 8 July 1970. 4. He was honorably discharged to enlist in the Regular Army (RA) on 14 July 1970. His DD Form 214 lists his last name as "SOAR." 5. The applicant enlisted in the RA on 15 July 1970. 6. The applicant's official military records contain various documents which list his last name as "SAAR." 7. He was honorably released from active duty on 13 July 1973. His DD Form 214 lists his last name as "SOAR." At some point, an individual placed the name "SAAR" in blue ink above the applicant's last name. He authenticated this document with his signature using the last name of "SAAR." 8. The applicant provides his social security card and Ohio Driver License. Each lists his last name as "SAAR." 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 last name appears as "SAAR" on documents contained in his official military records; however, it appears as "SOAR" on his DD Forms 214. It appears that an administrative error occurred which was carried forward during the preparation of his DD Forms 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) AR20160000819 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000819 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2