IN THE CASE OF:	

		BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140012088 


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 L__N.

2.  The applicant states:

* his DD Form 214 shows the wrong middle name
* it was his fault when he entered the military
* he failed to notice the middle name listed was L__E
* his correct middle name is L__N

3.  The applicant provides:

* birth certificate
* U.S. Passport
* DD Form 214
* DD Form 215 (Correction to 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's DD Form 398 (Statement of Personal History), dated 6 May 1968, shows his middle name as L__N.

3.  He was inducted into the Army of the United States on 7 May 1968.  He served as a communications center supervisor in Korea and he was honorably released from active duty on 6 February 1970.

4.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his middle name as L__E.

5.  He provided a copy of his birth certificate that shows his middle name as L__N.

DISCUSSION AND CONCLUSIONS:

The applicant contends his middle name is L__N and his DD Form 398 and birth certificate support this contention.  Based on the foregoing evidence, it appears that an administrative error occurred during preparation of his DD Form 214 resulting in his middle name being recorded as L__E instead of L__N.  Therefore, it would be appropriate at this time to correct item 1 of his DD Form 214 to show his middle name as L__N.

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 deleting the current middle name from his DD Form 214 and replacing it with the middle name shown on his DD Form 398.



      _____________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)                                         AR20140012088



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ABCMR Record of Proceedings (cont)                                         AR20140012088



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