BOARD DATE:	  8 November 2012

		DOCKET NUMBER:  AR20120008833 


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 middle name as Julian.

2.  The applicant states his middle name is incorrectly shown as John.  He requests correction of this error to avoid problems with benefits.

3.  The applicant provides copies of his birth certificate and driver's license.

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 served on active duty from 23 January 1970 through 29 January 1972, a period of 2 years and 7 days.  His records do not contain a copy of his Record of Induction but do include his Enlistment Statement of Personal History that shows his middle name as Julian.

3.  All documents of record except his Enlistment Statement of Personal History, Serviceman's Group Life Insurance Election, discharge orders, and DD Form 214, show just the middle initial "J."  The insurance form and DD Form 214 show a middle name of John.

4.  The birth certificate and driver's license show a middle name of Julian.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states transition centers are to ensure all information on DD Form 214 and other separation documents is accurate.  The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance.

DISCUSSION AND CONCLUSIONS:

The preponderance of evidence shows the applicant's middle name as Julian, not John.  It is therefore appropriate to correct his DD Form 214 to show his middle name as Julian.

BOARD VOTE:

___X__  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 the applicant's middle name as Julian on his DD Form 214.



      ____________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)                                         AR20120008833



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ABCMR Record of Proceedings (cont)                                         AR20120008833



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