IN THE CASE OF:
BOARD DATE: 1 December 2011
DOCKET NUMBER: AR20110011382
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 (Report of Separation from Active Duty) to show his correct middle name as Andrew instead of Anderson."
2. He states his middle name is Andrew and he does not know why it was listed as Anderson.
3. He provides:
* His DD Form 214
* A copy of his Social Security Card
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. His record contains a DD Form 4 (Enlistment Contract Armed Forces of the United States) which shows he enlisted in the Regular Army on 16 December 1968. Item 5 (Last Name - First Name - Middle Name) shows his middle name as Andrew.
3. A DD Form 1584 (National Agency Check Request) and a DD Form 369 (Armed Forces Fingerprint Card) both show his middle name as Andrew.
4. His DD Form 214 shows he was discharged on 30 March 1971. Item 1 (Last Name - First Name - Middle Name) of this form shows his middle name as Anderson.
5. The applicant provided a copy of his Social Security Card which lists his middle as Andrew.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 4, DD Form 1584, DD Form 369, Social Security Card, and all other available service documents show his middle name as Andrew.
2. The middle name shown on his DD Form 214 is incorrectly listed as Anderson. It is apparent an administrative error occurred during the preparation of this form. Therefore, it would be appropriate to correct this error by amending item 1 of his DD Form 214 to show his middle name as Andrew.
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 his DD Form 214 the middle name of Anderson and adding Andrew.
_______ _ __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) AR20110011382
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110011382
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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