IN THE CASE OF: BOARD DATE: 17 January 2013 DOCKET NUMBER: AR20120012370 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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by deleting the middle name listed in item 1 (Last Name, First Name and Middle Name). 2. The applicant states he does not have a middle name. 3. The applicant provides a copy of his birth certificate in support of his request. 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 record shows he was inducted into the Army on 17 August 1970. The DD Form 47 (Record of Induction) on file lists no middle name in item 1 (Last Name, First Name, Middle Name). 3. The applicant's record contains a DD Form 398 (Statement of Personal History) completed during his induction processing on 16 August 1970, which lists no middle name in item 1 (First Name, Middle Name, Maiden Name if any, Last Name). All documents prepared upon his induction do not list a middle name. 4. The applicant’s DA Form 20 (Enlisted Qualification Record) and all documents on file in his Military Personnel Records Jacket (MPRJ) do not contain a middle name/initial. 5. The DD Form 214 issued to the applicant upon his release from active duty on 18 March 1972 lists the middle name Christopher in item 1. 6. The applicant provides a copy of his birth certificate that lists no middle name. DISCUSSION AND CONCLUSIONS: The applicant's request to correct his DD Form 214 by deleting the middle name entered in item 1 has been carefully considered and is found to have merit. The evidence of record confirms the applicant provided his correct name at the time of induction which did not include a middle name, as evidenced by the DD Form 47 and DD Form 398 completed during his induction processing. Additionally, no middle name/initial was entered on his DA Form 20 and/or in any documents on file in this MPRJ. Therefore, it would be appropriate to correct his DD Form 214 accordingly. BOARD VOTE: ____x___ ____x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending his DD Form 214 by deleting the middle name listed in item 1. _______ _ __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) AR20120012370 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120012370 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1