BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100029625
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 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 is misspelled on his DD Form 214
* his middle name is spelled "Loron," not "Loran"
3. The applicant provides:
* birth certificate
* Selective Service System Registration Certificate
* DD Form 214
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. His DD Form 398 (Statement of Personal History) shows his middle name spelled as "Loron." He enlisted in the Regular Army on 14 September 1964, served as a construction machine operator, and was released from active duty on 16 June 1967.
3. Item 1 of his DD Form 214 shows his middle name spelled as "Loran."
4. His service personnel records contain the middle names "Loron," "Loran," and "Loren." However, his DA Form 41 (Record of Emergency Data) shows his middle name spelled as "Loron."
5. In support of his claim, the applicant provided a birth certificate and a Selective Service System Registration Certificate (registered on 18 May 1964) which show his middle name spelled as "Loron."
DISCUSSION AND CONCLUSIONS:
The entries on his Selective Service System Registration Certificate, DD Form 398, and DA Form 41 which show his middle name spelled as "Loron" are accepted as sufficient evidence on which to amend item 1 of his DD Form 214. Therefore, it would be appropriate to amend item 1 of his DD Form 214 to show his middle name spelled as "Loron."
BOARD VOTE:
___x_____ ____x____ ___x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the middle name from item 1 of his DD Form 214 and replacing it with "Loron."
___________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) AR20100029625
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100029625
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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