IN THE CASE OF:
BOARD DATE: 16 July 2009
DOCKET NUMBER: AR20090002924
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, in effect, correction of Item 1 (Last Name-First Name-Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his middle name as ---l instead of ---ly.
2. The applicant states his middle name is misspelled.
3. The applicant provides his DD Form 214 in support of this application.
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. The applicant's military records show he was inducted into the Army of the United States on 27 May 1968. He was awarded military occupational specialty (MOS) 94B (cook). The highest rank/grade he attained during his tenure of service was specialist four (SP4/E-4.
3. The applicant's DD Form 47 (Record of Induction) shows his middle name typed as ---l.
4. The applicant's U.S. Army Recruiting Command (USAREC) Form 180 shows his typed middle name as ---l and his full signature on the form shows his middle name as ---l.
5. The applicant's DA Form 873 (Certificate of Clearance and/or Security Determination Under EO [Executive Order] 10450) show his typed middle name as ---l.
6. The applicant was honorably released from active duty on 17 May 1970 after completing 1 year, 11 months, and 21 days of active service. The DD Form 214 he was issued shows his middle name as ---ly.
7. Army Regulation 635-5 (Personnel Separations Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 47, USAREC Form 180, and DA Form 873 show his middle name as ---l. Therefore, it would appear that Item 1 of the applicant's DD Form 214 was administratively mistyped with the applicant's middle name as ---ly. Therefore, it would be appropriate to correct Item 1 of the applicant's DD Form 214 to show his correct middle name as ---l, as corroborated by official documents contained in his records.
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 the applicant's DD Form 214 the middle name entry of
"---ly" and replacing it with the entry "---l."
___________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) AR20090002924
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ABCMR Record of Proceedings (cont) AR20090002924
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