IN THE CASE OF: 

		BOARD DATE:  11 January 2019

		DOCKET NUMBER:  AR20170007313


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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:  11 January 2019

		DOCKET NUMBER:  AR20170007313


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 reflect his first name as xxxXXX 
versus xxxXXX.   

2.  The applicant states, that his name is misspelled on his DD Form 214.  He 
provided no additional documentation in support of his claim.  

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records with supporting document and his 
DD Form 214.

2.  The applicant’s military records are not available for review in this case.  The 
National Personnel Records Center - Military Personnel Records was unable to 
locate the applicant's military records upon request.  

REFERENCES:

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.  

2.  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 established 
standardized policy for preparation of the DD Form 214.  The DD Form 214 is a 
synopsis of the Soldier's most recent period of continuous active duty.  It 
provides a brief, clear-cut record of active Army service at the time of release 
from active duty, retirement, or discharge.  
DISCUSSION:

1.  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, and 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 first name of xxxXXX was recorded as the applicant's name of record on 
his DD Form 214 and he signed this document using the same spelling as 
recorded in item 1 (Name (Last Name-First Name-Middle Name)).

3.  The first name the applicant requests is not recorded in the available 
evidence.  

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  A copy of this decisional document will be filed in his records to clarify the 
difference between the first and middle name listed in his records and the name 
he is currently using.  

												 
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//
ABCMR Record of Proceedings (cont)	AR20160006036


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)		AR20170007313

2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2