IN THE CASE OF: BOARD DATE: April 9, 2009 DOCKET NUMBER: AR20080019244 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, in effect, that the third letter of the middle name shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to an “R.” 2. The applicant states, in effect, that the third letter should be shown as an "R" and not an "N." He also states, in effect, that this correction will assist him with his claims and benefits. 3. In support of his application, the applicant provides copies of his Certificate of Birth and his Veterans Claims Cover Sheet. COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: Counsel defers requests and statements to the applicant and submits no additional documentation in support of the application. 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 provided copies of a Certificate of Birth, certified to be a true copy of the original record, that identifies a male registrant with the same name as the applicant's who was born on 14 August 1946, in Chicago, Illinois and the third letter of his middle name is an "R." 3. The applicant's Report of Medical Examination, dated 31 January 1966, for the purpose of induction also shows his middle name spelled with the third letter as an "R." 4. The applicant’s military record shows that he was inducted into the Army of the United States on 9 May 1966. His DD Form 47 (Record of Induction) shows his middle name spelled with the third letter as an "N." His Form 69 (Acknowledgement of Service Obligation) shows the third letter of his middle name as an "R" and this was also how he signed his name. 5. The applicant's DA Form 20 (Enlisted Qualification Record) and several documents in his records show he was identified by his first and last name and with only the first initial of his middle name throughout his military service. 6. The applicant's Report of Medical Examination, dated 13 March 1968, for the purpose of separation also shows his middle name spelled with the third letter as an "R." 7. The applicant was honorably released from active duty, in pay grade E-4, on 8 May 1968, at the expiration of his term of service. His DD Form 214 shows the third letter of his middle as an "N." He was transferred to the United States Army Reserve (USAR) Control Group (Standby). He was discharged from the USAR on 8 May 1972. His discharge orders show only the first initial of his middle name was used. 8. The applicant also submitted a copy of his Veterans Claims Cover Sheet, date stamped 12 August 2008, that indicated his claim had been reopened and required a name correction. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was inducted into the Army of the United States on 9 May 1966. It appears that at the time of his induction the third letter of his middle was erroneously entered as "N" on his DD Form 47. However, the accompanying Form 69 shows the third letter of his middle name as an "R" and his signature also contains an “R.” 2. The applicant's record contains several documents showing the third letter of his middle name as an "R" and several others identify him by using only the first initial of his middle name. The applicant has submitted a copy of his birth certificate showing the third letter of his middle as an "R." 3. The applicant is making this request to assist him in applying for veterans benefits. The evidence of record and the documents submitted with the application are sufficient to show the third letter of the applicant’s middle name should be an "R." Therefore, it is concluded that the third letter of the middle name shown on the DD Form 214 should be corrected to show an "R." 4. In view of the foregoing, the applicant’s records should be corrected as recommended below. 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 showing on the applicant’s DD Form 214 that the third letter of the middle name is an "R" and by providing him a document that includes this correction. _______ _ __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) AR20080019244 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080019244 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1