IN THE CASE OF:	  

		BOARD DATE:	    26 May 2011

		DOCKET NUMBER:  AR20100028555


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 (Report of Separation from the Armed Forces of the United States) to show his middle name as AXXXXXX instead of SXXXXXX.

2.  The applicant states the Selective Service Board made an error on his paperwork and when he discovered the error he was told it was too late, the paperwork had already been filed.  He states he was told there was nothing that could be done about the error.

3.  The applicant provides:

* His DD Form 214
* An Extract of his Birth Recording from the Board of Health and Vital Statistics, Hudson County, NJ
* His Social Security Card
* A State of New Jersey Identification Card
* His State of New Jersey Driver License
* An Order for Change of Name, dated 31 July 1947

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 military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows he was inducted into the Army of the United States on 26 March 1952 and he was honorably released from active duty on 2 March 1954 and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

* Item 1 (Last Name – First Name – Middle Name) of this form shows his middle name as "SXXXXXX"
* Item 22 (Net Service Completed for Pay Purposes This Period) shows he completed 1 year, 11 months, and 7 days of net active service

4.  The applicant's Extract of Birth Recording, Social Security Card, State of New Jersey Identification Card, Driver License, and the Court Order, dated 31 July 1947, to legally change his name all show his middle name as "AXXXXXX" or his middle initial as "A." 

5.  Special Regulation 615-360-1 (Enlisted Personnel – Separation of Enlisted Personnel), in effect at the time governed the preparation of separation documents and established the standardized policy for preparing and distributing the DD Form 214.  It mandated Item 1 would show the Soldier's full last name, first name, and middle name.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his middle name as "AXXXXXX" instead of "SXXXXXX" was carefully considered and was determined to have merit.


2.  The applicant provided evidence that shows his middle name was consistently represented as "AXXXXXX" prior to his enlistment date.

3.  While historical accuracy is important, it is irrelevant in this instance, as the National Personnel Records Center fire of 1973 destroyed any evidence of his military service records.  The Board now has an opportunity to ensure the factual completeness of the remaining record today.

4.  In view of the foregoing, it can be presumed that the entry of his middle name on his DD Form 214 is incorrect as a result of a clerical error; therefore, he is entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  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 amending Item 1 of his DD Form 214 to show his middle name as "AXXXXXX."



      __________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)                                         AR20100016493



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ABCMR Record of Proceedings (cont)                                         AR20100028555



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