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ARMY | BCMR | CY2006 | 20060009626C071029
Original file (20060009626C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 February 2007
      DOCKET NUMBER:  AR20060009626


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Maria J. N. Troup             |     |Chairperson          |
|     |Mr. John G. Heck                  |     |Member               |
|     |Mr. Donald L. Lewy                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the middle initial of his name
listed on his Honorable Discharge Certificate, dated 6 August 1992 be
corrected to show the initial “H.”

2.  The applicant states, in effect, that his middle initial is H., which
represents his middle name of Henry, and is not I as is currently listed on
the discharge certificate in question.

3.  The applicant provides his 6 August 1992 Honorable Discharge
Certificate and Discharge Orders, dated 6 August 1992, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 6 August 1992, the date of his discharge from the United
States Army Reserve (USAR).  The application submitted in this case is
dated
30 June 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows that he served on active duty in the
Regular Army from 3 October 1984 through 2 October 1987.  The separation
document (DD Form 214) he was issued upon his release from active duty
(REFRAD) shows his middle name as H___y in Item 1 (Name).  Item 9 (Command
To Which Transferred) shows that upon his REFRAD, he was transferred to the
445th Supply Company, Trenton, New Jersey, to complete his military service
obligation.

4.  The applicant's enlistment contract (DD Form 4), dated 28 June 1984,
and associated documents, on file in the applicant's Official Military
Personnel File (OMPF) show his middle name as H___y and middle initial as
H.   His Personnel Qualification Record (DA Forms 2A and 2-1) also show his
middle name as H___y and middle initial as H.
5.  On 6 August 1992, Headquarters, United States Army Reserve Command,
Fort McPherson, Georgia, Orders Number 208-052, authorized the applicant's
discharge from the USAR.  These orders erroneously listed his middle
initial as
I instead of H, and he was issued an Honorable Discharge Certificate, dated

6 August 1992, that also listed his middle initial as I.

DISCUSSION AND CONCLUSIONS:

The applicant's claim that the middle initial I listed on his Honorable
Discharge Certificate of 6 August 1992 is incorrect was carefully
considered and found to have merit.  The evidence of record shows he
enlisted using the middle name H___y, and all records created upon his
enlistment and during his active duty service confirm his middle initial is
H, which represents this middle name.  All documents on file in his OMPF,
with the exception of his USAR discharge orders and certificate also show
his middle initial as H.  Therefore, it would be appropriate to correct his
records accordingly, and to issue him a new Honorable Discharge Certificate
that accurately shows his middle initial as H.

BOARD VOTE:

___MJNT   __JGH__  __DLL__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MJNT _  __JGH __  __DLL___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing his middle initial is H, and
by issuing him a new Honorable Discharge Certificate that reflects this
correct middle initial.




                            _____Maria J. N. Troup___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009626                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/21                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1992/08/06                              |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |Comp of Req Svc                         |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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