IN THE CASE OF:  	  

		BOARD DATE:  2 February 2016	  

		DOCKET NUMBER:  AR20150007141 


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 (Certificate of Release or Discharge from Active Duty) from "Matthew" to "Mathew."  

2.  The applicant states that his middle name is misspelled on his DD Form 214.

3.  The applicant provides his certificate of birth and his 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 enlisted in the Regular Army on 8 August 2000.  His DD Form 4 (Enlistment/Reenlistment Document) and allied documents listed his middle name as "Mathew" (with one letter "t").  He authenticated this contract with his signature using this name. 

3.  Most documents in his service record listed his middle initial "M"; however, the few other documents listing his middle name show it with one letter "t." 

4.  He was honorably released from active duty on 7 August 2006.  Item 1 (Name (Last, First, Middle)) of his DD Form 214 listed his middle name as "Matthew."  

5.  He provides a birth certificate listing a name with a different last name and with a middle name that contains one letter "t." 

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

The applicant listed his middle name as "Mathew" when he enlisted in the Regular Army.  His middle name also appears with this spelling on other documents in his service record.  As such, evidence indicates his middle name was inadvertently misspelled on his DD Form 214 by adding a second letter "t."  

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 the middle name "Matthew" from item 1 of his DD Form 214 and adding the middle name "Mathew."  



      ___________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)                                         AR20150007141





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ABCMR Record of Proceedings (cont)                                         AR20150007141



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