IN THE CASE OF:
BOARD DATE: 7 June 2011
DOCKET NUMBER: AR20100029394
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 his middle initial and blood type be corrected in his military records.
2. The applicant states his middle initial "E" and blood type "AB Positive" are incorrect on military documents.
3. The applicant provides no additional evidence.
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's record shows he enlisted in the Regular Army on 10 August 1966. The DD Form 4 (Enlistment Record Armed Forces of the United States), item 1 (Last Name First Name Middle Name), and all other documents prepared during his enlistment processing list his middle name and corresponding initial ("L") he claims is incorrect. The applicant authenticated the DD Form 4 with his signature in item 41 (Oath of Enlistment) using the middle name and corresponding initial he claims is incorrect.
3. All official documents and orders in the applicant's DA Form 201 (Military Personnel Records Jacket (MPRJ)) list the same middle name and corresponding initial as recorded on his DD Form 4.
4. The applicant's DA Form 428 (Application for Identification Card), item 15 (Blood Type), lists his blood type as "A." Additionally, the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists the applicant's blood group as "A" in item 30 (Remarks).
5. On 16 March 1969, the applicant was honorably released from active duty in the rank of specialist five/E-5 after completing 2 years, 7 months, and 7 days of total active military service.
6. The applicant provides no evidence to support his claim.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the name as it is recorded in the military record will be entered in item 1 (Last Name First Name Middle Name) of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his middle initial and blood type in his military records has been carefully considered. The evidence of record does not support the applicant's request for correction.
2. The record shows the applicant enlisted, served, and was separated under the middle name and corresponding initial as listed throughout his military records.
3. There is no evidence in the available records and the applicant has not provided evidence which shows his blood type is inaccurate in his records. Absent such evidence, there is no basis to grant the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20100029394
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ABCMR Record of Proceedings (cont) AR20100029394
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