IN THE CASE OF:	  
                                             
		BOARD DATE:	  22 February 2012

		DOCKET NUMBER:  AR20110016224 


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 the Armed Forces of the United States) to show that his middle name as “Roy” instead of "Ray."

2.  The applicant states the error was due to a misprint or a typing error.

3.  The applicant provides a copy of his DD Form 214 and Certificate of Birth.

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 military records are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is 


believed the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States in Albany, NY on 10 February 1953.  He completed his training as a wheel vehicle repairman and he served overseas with the 586th Ordnance Company until he was returned to Camp Kilmer, NJ where he was honorably released from active duty (REFRAD) on 25 January 1955.  He was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation.  He completed 1 year, 11 months, and 16 days of total active service.

4.  Item 1 (Last Name – First name – Middle Name) of the DD Form 214 he was issued at the time of his REFRAD shows his middle name was “Ray”; however, the applicant signed his DD Form 214 with a middle name of “Roy.”

DISCUSSION AND CONCLUSIONS:

1.  Although there are no records to show what middle name the applicant served under during his active service, the available evidence shows that despite the fact his DD Form 214 was prepared to reflect a middle name of “Ray,” he signed his middle name as “Roy,” which is also reflected on his Certificate of Birth.

2.  Therefore, it is reasonable to presume that an administrative error resulted in his middle name being misspelled at the time his DD Form 214 was prepared.

3.  Accordingly, his DD Form 214 should be corrected to show his middle name as “Roy” instead of “Ray.”

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1. 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 entry of "Ray" and replacing it with the middle name entry of "Roy."

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110016224



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ABCMR Record of Proceedings (cont)                                         AR20110016224



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