IN THE CASE OF:
BOARD DATE: 21 September 2010
DOCKET NUMBER: AR20100010568
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 the spelling of his middle name in item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.
2. The applicant states his middle name in item 1 of his DD Form 214 was misspelled and he did not notice it at the time. He states he is planning on retiring in 2011 and needs a corrected DD Form 214.
3. The applicant provides a copy of his drivers license in support of his 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 applicants record contains a DD Form 47 (Record of Induction) prepared on him during his induction processing on 26 March 1969. This document lists his middle name as he now claims is correct, without the letter a as the eighth letter in his middle name. Other documents prepared during his induction processing, including a DD Form 98 (Armed Forces Security Questionnaire),
DD Form 369 (Police Records Check), and DD Form 398 (Statement of Personal History), all list his middle name as he now claims is correct minus the letter a in the eighth character.
3. On 8 July 1971, the applicant was honorably released from active duty, in the rank of private first class/E-3, after completing 2 years of active military service. Item 1 of his DD Form 214 erroneously spelled his middle name using the letter a as the eighth character.
DISCUSSION AND CONCLUSIONS:
The applicants contention that the middle name in item 1 of his DD Form 214 is misspelled has been carefully considered and found to have merit. The applicant clearly entered and served under the middle name he now claims is correct, as evidenced by the documents prepared during his induction processing. As a result, it would be appropriate to correct the spelling of the middle name listed in item 1 of his DD form 214 at this time by deleting the letter a contained in the eighth character.
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 amending item 1 of his DD Form 214 by deleting the letter a in the eighth character of his middle name and issuing him a correction to his DD Form 214 containing the correct spelling of his middle name as listed on his DD Form 47.
_______ _ 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) AR20100010568
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100010568
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120003899
The applicants DD Form 47, DA Form 873, and all other available service documents in this OMPF show the eighth digit of his SSN as 3. As a result, it appears the SSN listed on the applicants DD Form 214 was the result of an administrative error; therefore, it would be appropriate to correct his DD Form 214 to show the proper SSN. The applicants DD Form 214 and all other available service documents reflect the applicants middle name as Mickael. 3. _______ _ X_____ ___ CHAIRPERSON I...
ARMY | BCMR | CY2012 | 20120010133
The applicant provides: * Certificate of Birth * Marriage License * Certificate of Death * Honorable Discharge documentation COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. The evidence of record shows the FSM listed the spelling of his first name as "xxRxxx" upon his induction. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the first name "xxNxxx" from item 1 of his DD Form 214 and replacing it with the FSM's...
ARMY | BCMR | CY2011 | 20110006403
Application for correction of military records (with supporting documents provided, if any). This spelling of his last name is consistent with the spelling of his last name on all official military records throughout his military service. __________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.
ARMY | BCMR | CY2012 | 20120009328
Application for correction of military records (with supporting documents provided, if any). _______ _ 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) AR20120009328 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120009328 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2011 | 20110022577
Application for correction of military records (with supporting documents provided, if any). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the last name "STR___S" from item 1 of his DD Form 214 and replacing it with the last name "ST___S" as found on his DD Form 47. _______ _ x_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
ARMY | BCMR | CY2014 | 20140010091
The applicant requests correction of his records to show his middle name spelled as "B___" instead of "R___." His DD Form 47 (Record of Induction) lists his middle name as he requests, "B___." _______ _ 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.
ARMY | BCMR | CY2014 | 20140008244
Application for correction of military records (with supporting documents provided, if any). His DD Form 47 (Record of Induction) listed his middle name as "Oluf." The evidence of record shows the applicant used the middle name "Oluf" upon his induction into the AUS.
ARMY | BCMR | CY2010 | 20100028093
ARMY | BCMR | CY2011 | 20110022042
Application for correction of military records (with supporting documents provided, if any). The DD Form 398 (Statement of Personal History) completed upon the applicant's entry in the service shows his last name and first name as shown on his DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552). DISCUSSION AND CONCLUSIONS: The available evidence shows the applicant's name was incorrectly entered on his DD Form 214.
ARMY | BCMR | CY2011 | 20110000826
Application for correction of military records (with supporting documents provided, if any). The applicant states his first name in item 1 of his DD Form 214 is misspelled. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the first name in item 1 of the DD Form 214 and entering "RXXXey."