BOARD DATE: 27 November 2018 DOCKET NUMBER: AR20170008520 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: 27 November 2018 DOCKET NUMBER: AR20170008520 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 the applicant's military records. This should serve to clarify any questions or confusion regarding the difference in the name he now uses and the name under which he served. _____________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: 27 November 2018 DOCKET NUMBER: AR20170008520 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his name as "S__ O__ JR.," instead of "S__ S__ O__ JR." 2. The applicant states, in effect, the name on his Certificate of Birth Registration and Certified Transcript of Birth do not match his DD Form 214. 3. The applicant provides copies of his Certificate of Birth Registration and Certified Transcript of Birth. 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 Military Personnel Records Jacket (MPRJ) contains DD Form 398 (Statement of Personal History) dated 10 October 1965, in which his name is listed as "S__ S__ O__." 3. The applicant was inducted into the Army of the United States (AUS) on 11 October 1965. Item 1 (Last Name – First Name – Middle Name) of his DD Form 47 (Record of Induction) shows his name as "O__ S__ S__ JR." 4. Every document in the applicant's MPRJ shows his name as "S__ S__ O__" or "S__ S__ O__ JR." There is no evidence in his MPRJ that he ever used the name "S__ O__ JR.," during his service. 5. The applicant was honorably released from active duty on 14 July 1967. Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his name as "O__, S__ S__ JR." 6. The applicant provides a Certificate of Birth Registration and Certified Transcript of Birth, which shows his name as "S__ O__ JR." 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: Upon his induction into the AUS on 11 October 1965, the applicant used the name "S__ S__ O__ JR." There is no evidence in his MPRJ that he ever used the name "S__ O__ JR" during his service. His DD Form 214 reflects his name of record at the time of his separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170008520 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170008520 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2