IN THE CASE OF:	  

		BOARD DATE:	  1 December 2011

		DOCKET NUMBER:  AR20110011382 


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 (Report of Separation from Active Duty) to show his correct middle name as “Andrew” instead of “Anderson."  

2.  He states his middle name is “Andrew” and he does not know why it was listed as “Anderson.” 

3.  He provides:

* His DD Form 214
* A copy of his Social Security Card

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.  His record contains a DD Form 4 (Enlistment Contract – Armed Forces of the United States) which shows he enlisted in the Regular Army on 16 December 1968.  Item 5 (Last Name - First Name - Middle Name) shows his middle name as “Andrew.”

3.  A DD Form 1584 (National Agency Check Request) and a DD Form 369 (Armed Forces Fingerprint Card) both show his middle name as “Andrew.”

4.  His DD Form 214 shows he was discharged on 30 March 1971.  Item 1 (Last Name - First Name - Middle Name) of this form shows his middle name as “Anderson.”

5.  The applicant provided a copy of his Social Security Card which lists his middle as “Andrew.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 4, DD Form 1584, DD Form 369, Social Security Card, and all other available service documents show his middle name as “Andrew.”    

2.  The middle name shown on his DD Form 214 is incorrectly listed as “Anderson.”  It is apparent an administrative error occurred during the preparation of this form.  Therefore, it would be appropriate to correct this error by amending item 1 of his DD Form 214 to show his middle name as “Andrew.”

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 middle name of “Anderson” and adding “Andrew.”




      _______ _   __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)                                         AR20110011382



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ABCMR Record of Proceedings (cont)                                         AR20110011382



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