IN THE CASE OF:  

		BOARD DATE:  18 January 2019

		DOCKET NUMBER:  AR20170011231 


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration




		IN THE CASE OF:  

		BOARD DATE:  18 January 2019

		DOCKET NUMBER:  AR20170011231 


APPLICANT'S REQUEST AND STATEMENT:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) to show his last name as    
"XXXX---" instead of "XXXX---."  

2.  The applicant states his last name is incorrectly spelled on his DD Form 214.  
The applicant further claims his records state he is a Persian Gulf War Veteran; 
however, this is incorrect since he served from 1966 through 1969.

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:  

1.  Application for correction of military records with supporting document(s):  

*	DD Form 214

2.  Evidence from the applicant’s service record and Department of the Army and 
Department of Defense records and systems:

*	DD Form 214
*	DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code 
of Military Justice)

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 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:

1.  While 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 enlisted in the Regular Army on 29 August 1966.

3.  His record contains DA Form 2627-1 which lists the spelling of his last name 
as "SCHM---."

4.  The applicant was honorably released from active duty on 28 August 1969.  
His DD Form 214 lists his last name as "XXXX---."

5.  The applicant's official military records contain numerous documents listing 
his last name as "XXXX---"; however, his records contain DA Form 2627-1, which 
lists his last name as he requests.

6.  There is no evidence in his available personnel record which supports the 
applicant's claims that his records state he is a Persian Gulf War Veteran.



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 
deleting the last name listed in item 1 (Last Name – First Name – Middle Name) 
of his DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge) and replacing it with the last name as shown on his DA Form 2627-1 
(Record of Proceedings Under Article 15, Uniform Code of Military Justice).

												 
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)	AR20160005706


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20170011231


3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2