IN THE CASE OF:    

		BOARD DATE:  5 May 2016

		DOCKET NUMBER:  AR20150010026


BOARD VOTE:

___x_____  ___x___  ____x___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration


		IN THE CASE OF:  

		BOARD DATE:  5 May 2016

		DOCKET NUMBER:  AR20150010026


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 
amending his DD Form 214 to show his middle name is Morton.



                                    _____________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.


		IN THE CASE OF:    

		BOARD DATE:  5 May 2016

		DOCKET NUMBER:  AR20150010026


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 to the spelling of his middle name shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his middle name is spelled incorrectly on his
DD Form 214.  His birth certificate shows the true spelling of his middle name 

3.  The applicant provides:

* Certificate of Birth
* Certificate of Baptism
* 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.  On 25 September 1969, the applicant was inducted into the U.S. Army.

3.  The following documents in the applicant's record reflect his middle name as Morton:

* DD Form 47 (Record of Induction)
* DD Form 1584 (National Agency Check Request)
* DD Form 398 (Statement of Personal History)
* VA Form 29-8286 (Servicemen’s Group Life Insurance Election)

4.  On 17 September 1974, he was honorably released from active duty and      transferred to the U.S. Army reserve.  His DD Form 214 reflects his middle name as Norton.

5.  His Certificate of Birth and Certificate of Baptism show his middle name as Morton.
 
DISCUSSION:

1.   The applicant's DD Form 47, DD Form 398, and other documents reflect he was inducted and served in the Army under the middle name Morton.

2.  It appears an administrative error occurred during the preparation of his
DD Form 214 resulting in the misspelling of his middle name.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953



Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



		

ABCMR Record of Proceedings (cont)	AR20150010026



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20150010026



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2