IN THE CASE OF: BOARD DATE: 23 February 2012 DOCKET NUMBER: AR20110010832 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) for the period ending 12 February 1970 to show the middle name of instead of Allen. In addition, the applicant requests that his date of birth (DOB) be corrected to show May instead of March . 2. He states that his middle name and DOB on his DD Form 214 are incorrect. 3. The applicant provides: * his DD Form 214 * his State of Illinois Certificate of Birth Department of Health and Environmental Control Birth Certificate, issued on 31 May 1945, that shows his middle name as * his Social Security Card with the first name 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 enlisted in the Regular Army on 13 February 1967. 3. All documents in his available service personnel and medical records show his middle name as and his DOB as May . 4. His Official Military Personnel File (OMPF) contains the below enlisted documents that show his middle name as and his DOB as May : * DA Form 20 (Enlisted Qualification Record), Audited on 8 April 1969 * DD Form 4 Enlisted Record – Armed Forces of the Unites States), dated 13 February 1967 * DD Form 398 (Statement of Personal History) * DA Form 41 (Record of Personnel Data), dated 13 February 1967 Armed Forces of the U.S. Geneva Convention Card 5. On 12 February 1970, he was honorably released from active duty. His DD Form 214 shows his middle name as Allen. Item 9 (DOB) of his DD Form 214 shows that applicant was born March . 6. The applicant provided his State of Illinois Certificate of Birth and his Social Security Card that shows his middle name as and his DOB as May . 7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, 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. DISCUSSION AND CONCLUSIONS: The applicant's DD Form 214 for the period ending 12 February 1970 erroneously shows his middle name as Allen and his DOB as March . His DA Form 20, DD Form 4, DD Form 398, DA Form 41, Armed Forces of the U.S. Geneva Convention Card, Illinois Certificate of Birth, and Social Security Card confirm that his DD Form 214 is incorrect. The preponderance of evidence supports his contention that his middle name and DOB on his DD Form 214 are incorrect. Therefore, his DD Form 214 should be corrected to reflect his middle name as and correct his DOB to read May . 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 deleting from item 1 of his DD Form 214 the entire name and replacing it with his name as shown on his social security card and deleting from item 9 of his DD Form 214 the DOB entry of March and replacing It with May . ___________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) AR20110010832 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110010832 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1