IN THE CASE OF: BOARD DATE: 22 September 2015 DOCKET NUMBER: AR20150003070 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 no middle name or initial. 2. The applicant states, in effect, he has no middle name or initial and his birth certificate clearly depicts that. He wants to maintain consistency between his DD Form 214 and his birth certificate to prevent any future complications for his heirs following his death. 3. The applicant provides a certified copy of his DD Form 214 and a copy of his San Diego Department of Public Health 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 was inducted into the Army of the United States on 23 March 1971. 3. His records contain the following documents that show he has no middle name or initial. He authenticated these documents and others, when required by the form, attesting to the correctness of the spelling of his name. In each instance, his signature does not include a middle name or initial. * DD Form 398 (Statement of Personal History), dated 23 March 1971 * DA Form 428 (Application for Identification Card), dated 29 March 1971 * DA Form 20 (Enlisted Qualification Record), date of audit 12 May 1972 * Department of Veterans Affairs (VA) Form 29-8286 (Servicemen's Group Life Insurance Election), dated 12 May 1972 4. He was honorably released from active duty on 22 March 1973 and transferred to the U.S. Army Reserve. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his middle name as the initial "F." 5. He provides a certified copy of his San Diego Department of Public Health Certificate of Live Birth, which shows he has no middle name or initial. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correct of his DD Form 214 to show no middle name or initial was carefully considered and appears to have merit. 2. It appears that an administrative error was made when recording the applicant's name of his DD Form 214. He provides a certified certificate of birth that shows no middle name or initial and almost all his documents in his record contains no middle name or initial. 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 from item 1 of his DD Form 214 the initial "F" consistent with his certificate of live birth. ___________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) AR20140013353 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003070 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1