IN THE CASE OF:	  

		BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110019713 


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 correct middle name.

2.  The applicant states his middle name is "Bowen," not "Brown."

3.  The applicant provides his Certificate of Live 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 enlisted in the Regular Army 10 January 1967 for a period of
4 years.  His DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 10 January 1967, shows his middle name as "Bowen."  His
DD Form 398 (Statement of Personal History), dated 17 January 1967, also shows his middle name as “Bowen.”  He served as a communications center specialist.

3.  There are no official documents contained in his official military personnel file (OMPF) that show he ever used the middle name of “Brown” at any time during his military service.

4.  He was honorably released from active duty on 8 January 1971 at the expiration of his term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows in:

* Item 1 (Last Name, First Name, Middle Name) his middle name as “Brown”
* Item 32 (Signature of Person Being Transferred or Discharged) a legible signature showing "Bowen" as his middle name

5.  He provides his Certificate of Live Birth that shows his middle name as “Bowen.”

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant enlisted in the Regular Army under the middle name of “Bowen.”  There is no evidence he used any other middle name during his period of service.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct middle name of “Bowen.”

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 entry of “Brown” and replacing it with the entry "Bowen."



      ___________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)                                         AR20110019713



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ABCMR Record of Proceedings (cont)                                         AR20110019713



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