IN THE CASE OF: BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150004103 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 middle name as W__N. 2. The applicant states the middle name shown on his DD Form 214 is incorrect. His middle name is W__N, not W__T. 3. The applicant provides a copy of his birth certificate. 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 398 (Statement of Personal History), dated 24 June 1968, shows his middle name as W__N. 3. He was inducted into the Army of the United States on 25 June 1968. He served as a field artillery crewman in Vietnam and he was honorably released from active duty on 5 February 1970. 4. Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 for the period ending 5 February 1970 shows his middle name as W__T. 5. He reenlisted on 5 December 1975 and was honorably discharged on 21 January 1976. 6. Item 1 of his DD Form 214 for the period ending 21 January 1976 shows his middle name as W__T. 7. He provided a copy of his birth certificate that shows his middle name as W__N. DISCUSSION AND CONCLUSIONS: The applicant contends his middle name is W__N and his DD Form 398 and birth certificate support this contention. It appears that an administrative error occurred during preparation of his DD Forms 214 resulting in his middle name being recorded as W__T instead of W__N. It would be appropriate at this time to correct item 1 of his DD Forms 214 for the periods ending 5 February 1970 and 21 January 1976 to show his middle name as W__N. 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 current middle name from his DD Forms 214 for the periods ending 5 February 1970 and 21 January 1976 and replacing these entries with the middle name shown on his DD Form 398. _______ _ 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) AR20150004103 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004103 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1