IN THE CASE OF:
BOARD DATE: 24 April 2012
DOCKET NUMBER: AR20110021004
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his middle name as Elbert.
2. The applicant states his middle name is not Albert, he believes it is a typo on his DD Form 214.
3. The applicant provides copies of his Ohio State Driver's License, social security card, and DD Form 214 showing his middle initial as "E" or middle name as Elbert.
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 contains the following documents showing his middle name as Elbert:
a. DD Form 398 (Statement of Personal History),
b. Acknowledgement of Service Obligation,
c. DA Form 428 (Application for Identification Card),
d. DA Form 3027 (U.S. Army Request for National Agency Check), and
e. DA Form 20 (Enlisted Qualification Record).
3. The applicant's DD Form 214 shows his middle name as Albert; however, he signed the form using the middle initial "E."
4. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant's middle name was incorrectly entered on his DD Form 214. Therefore, his DD Form 214 should be corrected to show his middle name as Elbert.
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 entry "Albert" from item 1 (Name) of his DD Form 214 and replacing it with the entry "Elbert."
_______ _ 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) AR20100016261
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021004
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