IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110006323 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that his correct middle name is “Bernerd”.

2.  The applicant states that his DD Form 214 incorrectly reflects his middle name as “Bernard” instead of “Bernerd”.

3.  The applicant provides a copy of his birth certificate.

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 was inducted in Chicago, Illinois on 12 December 1968 under the middle name of “Bernerd”.  He was transferred to Fort Leonard Wood, Missouri to undergo his basic training and it appears that his records were prepared to reflect a middle name of “Bernard”.  He completed his basic training at and was transferred to Fort Eustis, Virginia where he under went advanced individual training as a OV-1 (Mohawk) repairman before being transferred to Vietnam on 9 September 1969.

3.  He departed Vietnam on 8 September 1970 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee.  His DD Form 214 issued at the time of his REFRAD shows his middle name as “Bernard”.

4.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that exists in the official records at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his middle name is incorrectly reflected on his DD Form 214 has been noted and appears to have merit.  The applicant was inducted with the middle name of “Bernerd”.

2.  While the applicant’s records show that he served under both the middle names of “Bernerd” and “Bernard”, the official documents related to his name indicate a middle name of “Bernerd”.

3.  Therefore, in accordance with the applicable regulations, his DD Form 214 should be corrected to reflect the middle name of  “Bernerd”. 

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 his DD Form 214 that his correct middle name is “Bernerd” instead of “Bernard” as currently reflected on that form. 

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110006323





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ABCMR Record of Proceedings (cont)                                         AR20110006323



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