IN THE CASE OF:  	  

		BOARD DATE:  12 November 2014	  

		DOCKET NUMBER:  AR20140004646 


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 that he had no middle name or middle initial.

2.  The applicant states he never had a middle initial or name.

3.  The applicant provides his U.S. Certificate of Citizenship.

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 DD Form 4 (Enlistment Contact - Armed Forces of the U.S.) shows he enlisted in the U.S. Army Reserve (USAR) on 23 December 1968.  Item 5 (Last Name, Middle Name, Middle Name) shows no entry for a middle initial or name.  He was ordered to active duty for training on 25 July 1969.

3.  He was released from active duty for training on 21 November 1969.  The DD Form 214 he was issued shows no middle initial or name in item 1 (Last Name – First Name – Middle Name).

4.  The official documents contained in his record show he had no middle initial or name.

5.  He was ordered to active duty on 24 March 1970 and released from active duty on 26 March 1970.  This DD Form 214 shows in item 1 the entry "NMN" (indicating no middle name).

6.  He submitted:

	a.  his U.S. Certificate of Citizenship, dated 27 July 1965, that shows his name as B____ L_______; 

	b.  his Honorable Discharge certificate, dated 10 February 1971, which shows his name as B____ E. L_______; and 

	c.  Special Orders Number 051, dated 20 February 1971, which show his name as L_______ B____ E.

7.  Army Regulation 635-5 (Separation Processing and Documents), in effect at that time, prescribes 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 duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The regulation also establishes standardized policy for preparation of the DD Form 214.  The instructions for completing item 1 state to enter the last name, first name, and full middle name or names, if any.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted with no middle initial or name.  The governing Army regulation, in effect at that time, states to enter the full middle name or names, if any, in item 1 of the DD Form 214.  Therefore, he is entitled to have item 1 of his DD Form 214, dated 26 March 1979, corrected to delete the initials "NMN."  

2.  In addition, he is entitled to have his Honorable Discharge Certificate corrected to delete the entry "E" from his standard name line. 

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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 entry:

* "NMN" from item 1 of his DD Form 214 
* "E" from the name line of his Honorable Discharge Certificate 



      __________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.



ABCMR Record of Proceedings (cont)                                         AR20140004646





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ABCMR Record of Proceedings (cont)                                         AR20140004646



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