IN THE CASE OF:	  

		BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140016526 


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 middle name on his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states his middle name ends in “lie” rather than “ley.”  The error was discovered when he was applying for State benefits.

3.  The applicant provides photocopies of his DD Form 214 and his birth certificate.      

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 served in the Regular Army from 21 February 1956 to
20 February 1958.  He was honorably released and transferred to the U.S. Army Control Group (Annual Training)

3.  His DD Form 214 shows his middle name ending in “ley.”  His discharge orders only show the middle initial as “L.”

4.  The birth certificate he submitted with his request shows his middle name ending in “lie.”

5.  In a telephone conversation with the analyst, the applicant stated that it seemed to him the Army always used only the middle initial “L.”  He also remarked that he typically uses only the middle initial.  He readily agreed that changing the DD Form 214 to show the middle initial “L.” is a satisfactory solution for the problem on his DD Form 214. 

DISCUSSION AND CONCLUSIONS:

The applicant’s DD Form 214 should be corrected by replacing the middle name with the initial “L.”

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 replacing the middle name shown in item 1 of his DD Form 214 with the initial “L.”  



      _______ _   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)                                         AR20140016526



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016526



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1