ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 October 2019 DOCKET NUMBER: AR20190010286 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 December 1972 and his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 July 1991 to show his middle name as APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * State of Ohio – Certification of Birth, certified copy dated 14 February 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that his middle name is not correct on his two DD Forms 214. 3. The applicant was inducted into the Army of the United States on 17 March 1971. He was honorably released from active duty on 18 December 1972 and was transferred to the United States Army Reserve (USAR) Control Group (Annual Training) after completing 1 year, 9 months, and 1 day of total active service. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his middle name as 4. After serving his mandatory service obligation and having a break in service, he enlisted in the Army Reserve on 12 June 1987. Item 1 (Name – Last, First, Middle) of his DD Form 4 (Enlistment / Reenlistment Document - Armed Forces of the United States) shows he identified his middle name as and signed his name the same way on the document. 5. He was ordered to active duty in support of Operations Desert Shield/Storm on 8 January 1991. He was honorably released from active duty on 19 July 1991 and was transferred to his Reserve unit. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his middle name as 6. The available documents in his record shows he listed his middle name as throughout his military service. He authenticated these documents, when required by the form, attesting to the correctness of the spelling of his name. In each instance, his signature includes the middle name spelled as His record does not contain any documents that show his middle name as per his request. 7. The applicant provides a copy of a State of Ohio - Certificate of Birth, certified copy dated 14 February 2019, which shows his middle name as 8. Army Regulation 635-5 (Separation Documents), directed to enter the last name, first name, and full middle name or names in all capital letters, if any in item 1 at the time of separation. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is warranted. 2. The Board agreed that, although there is no evidence of the requested middle name in the available service records, the evidence shows he often signed his name using only a middle initial, and when he spelled out his full middle name, he tended to misspell it as instead of indicating it may not have been his actual middle name. The Board concluded that, based on the birth certificate he provided, he should be granted the requested relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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 adding the middle name to item 1 of his DD Forms 214 for the periods ending 18 December 1972 and 19 July 1991. 1/10/2020 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), dated 15 August 1979, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. For item 1, enter name in all capital letters. Include "Jr,"Sr," or "II" when needed, at the time of separation. //NOTHING FOLLOWS//