IN THE CASE OF:  

		BOARD DATE:  26 September 2018

		DOCKET NUMBER:  AR20170002902


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


		IN THE CASE OF:  

		BOARD DATE:  26 September 2018

		DOCKET NUMBER:  AR20170002902


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.


		IN THE CASE OF:  

		BOARD DATE:  26 September 2018

		DOCKET NUMBER:  AR20170002902


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 the spelling of his last name.

2.  The applicant states his name is misspelt on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides copies of:

* DD Form 214
* Honorable Discharge Certificate
* a West Virginia driver's license
* Medicare Card
* Social Security Number card, issued 19 October 2015

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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from very limited reconstructed personnel records and the documents provided by the applicant.

3.  The applicant served on active duty in the Regular Army from 29 January 1954 through 14 January 1957.  

4.  The DD Form 214 and Honorable Discharge Certificate show the last name Sxxbxxgh. 

5.  A 7 December 1976 Form SSA-654 (Request for Information from Uniformed Services) states that the applicant' last name was misspelt at the time of enlistment and the incorrect name was used all the way through his service.  His correct last name is Sxxxbxxk.

6.  The West Virginia driver's license, Medicare Card, and Social Security Number card utilize the name Sxxxbxxk.

REFERENCES:

Army Regulation 635-8 (Separation Processing and Documents), prescribes the transition processing function of the military personnel system, including preparation of the DD Form 214.  For block 1 (Name), compare with the original enlistment contract or appointment order and review the official record for possible name changes.  

DISCUSSION:

1.  The record indicates the applicant served his entire period of service under the last name of Sxxbxxgh.  

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20170002902



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20170002902



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2