BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20170005780 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20170005780 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 as “Ben.” 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of that described above. _______________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. BOARD DATE: 24 October 2018 DOCKET NUMBER: AR20170005780 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 name as "B__, J__ BENJAMIN" instead of "B__, J__ BEIR." 2. The applicant states his name is incorrectly listed on his DD Form 214. 3. The applicant provides claimed to have provided a copy of his passport; however, it was not present with his application to the Board. 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 records contain a DD Form 398 (Statement of Personal History), dated 3 December 1966. Item 1 (Print) (First Name – Middle Name – Maiden Name (If any) Last Name) shows he listed his name as "J__ BEN B__." 3. The applicant was inducted into the Army of the United States (AUS) on 8 December 1966. Item 1 (Last Name – First Name – Middle Name) of his DD Form 47 (Record of Induction) lists his name as "B__, J__ BEN." The corresponding Acknowledgement of Service Obligation shows he signed his name as "J__ BEN B__." 4. The applicant's records contain two forms, other than his DD Form 214, in which his name is listed as "B__, J__ BEIR." 5. The applicant was honorably released from active duty on 26 November 1968. Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his name as "B__, J__ BEIR." 6. Most documents contained in his Military Personnel Records Jacket (MPRJ) list his middle name as "BEN." There is no evidence present or provided by the applicant that shows he used the middle name "BENJAMIN" during his service. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: Upon his induction in the AUS on 8 December 1966, the applicant used the name "J__ BEN B__." There is no evidence in his MPRJ that he ever used the middle name "BENJAMIN" during his service. Nothing in his service records supports the entry “BEIR” as his middle name on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170005780 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170005780 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2