IN THE CASE OF:	  

		BOARD DATE:	  1 March 2012

		DOCKET NUMBER:  AR20110017686 


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 "Emanuel" instead of "Manuel."

2.  The applicant states his DD Form 214 incorrectly reflects his middle name.

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

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 was inducted into the Army of the United States on 10 July 1968.  His DD Form 47 (Record of Induction) shows his middle name as "Manuel."  On 16 July 1968, having been transferred to the U.S. Army Reception Station (USARECSTA) at Fort Jackson, SC, the personnel officer authenticated a DA Form 1049 (Personnel Action) that noted a discrepancy in the applicant's induction record in that the applicant reported that his middle name should be "Emanuel."  The form further indicated the discrepancy was not corrected by the USARECSTA Personnel Affairs office.

3.  He completed basic training at Fort Jackson and his advanced individual training as a combat engineer at Fort Leonard Wood, MO before being transferred to Vietnam on 10 December 1968.

4.  He departed Vietnam on 24 September 1969 and he was transferred to Fort Belvoir, VA where he remained until he was honorably released from active duty (REFRAD) at the expiration of his term of service (ETS).  He completed 2 years of total active service.  Item 1 (Last Name, First Name, Middle Name) of the
DD Form 214 he was issued at the time of his REFRAD shows that his middle name as "Manuel."

5.  A review of his official record also contains the following documents that show his middle name as "Emanuel" or middle initial as "E."

* DD Form 398 (Statement of Personal History), dated 11 July 1968
* DA Form 428 (Application for Identification Card), dated 11 July 1968
* DD Form 1584 (National Agency Check Request), dated 24 July 1968
* Fingerprint Cart, dated 29 July 1968
* DA Form 3327 (Individual/Organization Clothing and Equipment Record), dated 8 March 1970
* Standard Form 88 (Report of Medical Examination), dated 5 June 1970

6.  The applicant provides his Certificate of Birth that shows his middle name as "Emanuel."

7.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the
DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 reflects an incorrect middle name has been noted and found to have merit.


2.  The applicant was incorrectly inducted with a middle name of "Manuel" and the error was discovered and reported at the USARECSTA, Fort Jackson shortly after his induction.  His official record contains sufficient documents that show he served under the middle name of "Emanuel" as shown on his Certificate of Birth.

3.  It is reasonable to presume that an administrative error caused the applicant's middle name to be incorrectly entered on his DD Form 214; therefore, he is entitled to his requested relief.

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 "Manuel" and replacing it with the entry "Emanuel."



      ___________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)                                         AR20110017686



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ABCMR Record of Proceedings (cont)                                         AR20110017686



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