BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160003036 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160003036 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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: 15 August 2017 DOCKET NUMBER: AR20160003036 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 record to show the spelling of his last name as Kxxxxman instead of Kxxxxaman. 2. The applicant states his last name contains a spelling error. 3. The applicant provides: * his birth certificate * Letter, dated 23 January 2013, from his Member of Congress 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 complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the reconstructed NPRC record, which consist of DD Form 214 (Report of Separation from the Armed Forces of the United States), Headquarters, Transfer Station, 2053rd ASU Personnel Center, Special Orders Number 15, dated 27 January 1954, and the documents the applicant provided. 3. The applicant was inducted into the Army of the United States and entered active duty on 26 February 1952. 4. Orders Number 15, dated 27 January 1954 released him from active duty, in the last name of “Kxxxxaman.” 5. On 28 January 1954, the applicant was honorably discharged from active duty having completed 1 year, 11 months, and 3 days of total active service. The DD Form 214 (Report of Separation from the Armed Forces of the United States) that was issued to him lists his last name as ?Kxxxxaman.? He signed the DD Form 214 spelling his last name as ?Kxxxxaman.? 6. The applicant provides his birth certificate showing his last name spelled “Kxxxxman.” REFERENCES: War Department Technical Manual 12-235 (Discharge and Release from Active Duty) provided the policy for the preparation, issue, and distribution of separation documents at the time of the applicant’s separation. The guidance contained in this publication provided for entering the last name, first name, and middle initial of the member as recorded in the Service Record. DISCUSSION: 1. All documents in the applicant’s reconstructed NPRC record list his last name as “Kxxxxaman,” which is the spelling he states is incorrect. He signed his DD Form 214 using the spelling ?Kxxxxaman.? He provides a birth certificate showing his last name spelled as “Kxxxxman.” 2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The information contained in those records should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed. 3. The applicant is advised a copy of this decisional document will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the difference in the name recorded on his DD Form 214 and the name recorded on his birth certificate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003036 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003036 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2