IN THE CASE OF:  

		BOARD DATE:  12 June 2018

		DOCKET NUMBER:  AR20160008300


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

SES	:GLK	:TWH	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:  12 June 2018

		DOCKET NUMBER:  AR20160008300


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 (Report of Separation from the Armed Forces of the United States) to show the correct spelling of his first name as listed on Honorable Discharge certificate.

2.  He states, in effect, the correct spelling of his first name is Fxxxxxxo versus Fxxxxxxor.

3.  He provides his military identification card, U.S. Department of Veterans Affairs card, Certificate of Military Service, and Honorable Discharge 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.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case was considered using documents provided by the applicant and his remaining reconstructed record.

3.  His record is void of enlistment documents; however, the applicant provides a copy of his Honorable Discharge certificate which shows he was inducted into the Army of the United States on 3 December 1950.  His first name is shown as Fxxxxxxo on this certificate.

4.  A review of his record shows his first name as listed as Fxxxxxxo on all of the documents filed in his record to include his Service Record, Application for Identification Card, and military orders.

5.  He was released from active duty on 10 September 1952.  The DD Form 214 for this period of service lists his first name as Fxxxxxxor.

DISCUSSION:

1.  The applicant requests correction of his DD Form 214 to show the correct spelling of his first name.

2.  The correct spelling of his first name, Fxxxxxxo, was made a matter of record during his military service, however, his first name is incorrectly listed on his DD Form 214.



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 his DD Form 214 to show his the first name listed on his Honorable Discharge certificate.



												
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.


//NOTHING FOLLOWS//