IN THE CASE OF:
BOARD DATE: 17 March 2009
DOCKET NUMBER: AR20080014961
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 correct middle name.
2. The applicant states that his middle name is incorrectly entered on his
DD Form 214 and he needs it corrected so as to prevent an incorrect name on his tombstone. He contends that at the time of his separation he was told his separation would be delayed if he insisted on having the DD Form 214 corrected. He wanted out.
3. The applicant provides, in support of this application, copies of his DD Form 214, birth certificate and marriage 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 2 September 1969, the applicant was inducted into the Army under the name of A___ Stanford A___. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). On 14 May 1970, his MOS was changed to 71B (Clerk Typist).
3. The applicants official military personnel file (OMPF) contains documents that show the following information:
a. a DD Form 398 (Statement of Personal History) shows his middle name as Stanford;
b. a U. S. Army Recruiting Command (USAREC) Form 191 (Statement of Law Violations) shows his middle name as Stanford;
c. a USAREC Form 180 (Acknowledgment of Service Obligation) shows his middle name as Stanford;
d. Special Orders Number 169, Armed Forces Entrance and Examining Station, Albany, New York, show his middle initial as "S";
e. a DA Form 428 (Application for Identification Card) was typed showing a middle name of "Michael," but the applicant signed with a middle initial of "S";
f. a DD Form 1584 (National Agency Check Request) shows his middle name as Stanford;
g. a VA Form 29-8286 (Servicemen's Group Life Insurance Election) shows his middle name as Stanford; and
h. his DA Form 20 (Enlisted Qualification Record) shows his middle initial was corrected from "M" to "S."
4. On 7 April 1971, the applicant was released from active duty and transferred to the United States Army Reserve. He had attained the rank of specialist five, pay grade E-5, and had completed 1 year, 7 months, and 6 days of creditable active duty service.
5. Item 1 (Last, First, and Middle Name) of the applicant's DD Form 214 shows his middle name as "Michael." He signed the form in Item 32 using "Michael" as his middle name.
6. Army Regulation 635-5 (Separation Documents) established standardized procedures for preparation and distribution of the DD Form 214. The regulation, as in effect at the time, stated to enter the last name, first name, and full middle name or names, if any. Subsequent versions of this regulation state, in effect, to compare the individual's name with the enlistment contract and personnel record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his middle name is incorrect on his DD Form 214 and that his separation would have been delayed if he had insisted at the time to have it corrected.
2. The evidence of record clearly shows the applicant entered military service using a middle name of Stanford and that he used this middle name consistently throughout his service.
3. The evidence further shows that he signed his DD Form 214 using a middle name of "Michael," in accordance with how the form was prepared. It is reasonable to presume that he did this so as to facilitate his separation on that day.
4. The Army has an interest in maintaining the accuracy of its records for historical purposes. In this case, the applicant's request should be granted. He enlisted and served using a middle name of Stanford and the record should show his correct name.
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, to include the individual's DD Form 214, by showing his middle name is Stanford.
_______ _ 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.
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