IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100010568 


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 the spelling of his middle name 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) be corrected.   

2.  The applicant states his middle name in item 1 of his DD Form 214 was misspelled and he did not notice it at the time.  He states he is planning on retiring in 2011 and needs a corrected DD Form 214.  

3.  The applicant provides a copy of his driver’s license in support of his application.  

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 record contains a DD Form 47 (Record of Induction) prepared on him during his induction processing on 26 March 1969.  This document lists his middle name as he now claims is correct, without the letter “a” as the eighth letter in his middle name.  Other documents prepared during his induction processing, including a DD Form 98 (Armed Forces Security Questionnaire), 
DD Form 369 (Police Records Check), and DD Form 398 (Statement of Personal History), all list his middle name as he now claims is correct minus the letter “a” in the eighth character.  

3.  On 8 July 1971, the applicant was honorably released from active duty, in the rank of private first class/E-3, after completing 2 years of active military service.  Item 1 of his DD Form 214 erroneously spelled his middle name using the letter “a” as the eighth character.  

DISCUSSION AND CONCLUSIONS:

The applicant’s contention that the middle name in item 1 of his DD Form 214 is misspelled has been carefully considered and found to have merit.  The applicant clearly entered and served under the middle name he now claims is correct, as evidenced by the documents prepared during his induction processing.  As a result, it would be appropriate to correct the spelling of the middle name listed in item 1 of his DD form 214 at this time by deleting the letter “a” contained in the eighth character.  

BOARD VOTE:

__X_____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 amending item 1 of his DD Form 214 by deleting the letter “a” in the eighth character of his middle name and issuing him a correction to his DD Form 214 containing the correct spelling of his middle name as listed on his DD Form 47. 




      _______ _   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)                                         AR20100010568



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ABCMR Record of Proceedings (cont)                                         AR20100010568



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