BOARD DATE:	  18 April 2013

		DOCKET NUMBER:  AR20120016940 


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 "Harold" instead of "Howard."

2.  The applicant states:

* the middle name listed on his DD Form 214 is incorrect
* his middle name is "Harold," not "Howard"

3.  The applicant provides:

* Certificate of Birth
* DD Form 214

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 into the Army of the United States on 5 May 1966.  He served as a machinist and he was honorably released from active duty on
3 May 1968 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 11 months, and 29 days of total active service.  The DD Form 214 he was issued at the time shows in item 1 (Last Name, First Name, Middle Name) his middle name as "Howard."

3.  The applicant's record contains a DD Form 398 (Statement of Personal History), dated 1 May 1966, that he completed prior to his induction processing.  He listed his middle name as "Harold" on this form.

4.  He provided his birth certificate that shows his middle name is "Harold."

DISCUSSION AND CONCLUSIONS:

The evidence of record shows his middle name as "Harold" at the time of his induction in May 1966.  Therefore, it would be appropriate at this time to correct his DD Form 214 to reflect this middle name as shown on his Certificate of Birth and DD Form 398.

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 


deleting from item 1 of his DD Form 214 the current middle name entry and replacing it with the middle name as shown on his Certificate of Birth and
DD Form 398.



      __________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)                                         AR20120016940



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120016940



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1