IN THE CASE OF:	  

		BOARD DATE:	  3 February 2015

		DOCKET NUMBER:  AR20140010374 


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 N__EN.

2.  The applicant states the correct spelling of his middle name is N__EN, not N__ER.

3.  The applicant provides:

* Montana driver's license
* birth certificate
* 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 26 August 1970.

3.  His records contain the following documents that show his middle name as N__EN:

* U.S. Army Recruiting Command (USAREC) Form 180-R (Acknowledgement of Service Obligation), dated 26 August 1970
* DD Form 398 (Statement of Personal History), dated 4 March 1971

4.  He served as a light weapons infantryman in Germany and he was honorably released from active duty on 28 March 1972.

5.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his middle name is N__ER.

6.  He provides his birth certificate shows his middle name spelled as N__AN.
 
DISCUSSION AND CONCLUSIONS:

Although his birth certificate shows his middle name spelled as N__AN, he recorded the spelling of his middle name as N__EN when he entered active service on 26 August 1970.  It appears that an administrative error occurred during preparation of his DD Form 214 resulting in his middle name being spelled as N__ER instead of N__EN.  It would be appropriate at this time to correct his DD Form 214 to show his middle name spelled as N__EN.

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 deleting the current middle name entry from his DD Form 214 and replacing it with the middle name entry as shown on his USAREC Form 180-R.



      ___________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)                                         AR20140010374



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ABCMR Record of Proceedings (cont)                                         AR20140010374



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