IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120004161
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 the spelling of his middle name in item
1 (Name (Last, First, Middle)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the correct spelling of his middle name is Arthur not Authur.
3. The applicant provides his birth certificate.
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 applicant's enlistment document shows his middle name as Authur but his legible signature on this document shows the middle name Arthur. He enlisted in the Regular Army on 10 July 1980 for a period of 3 years and trained as a food service specialist. He was released from active duty on 9 July 1983 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 1 of his DD Form 214 shows the spelling of his middle name as Authur.
4. His DA Form 2-1 (Personnel Qualification Record) shows the spelling of his middle name as Arthur.
5. He provided a copy of his birth certificate that shows the spelling of his middle name as Arthur.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his middle name is Arthur and his birth certificate supports this contention.
2. His legible signature on his 1980 enlistment contract and his DA Form 2-1 show his middle name as Arthur. Therefore, it would be appropriate to correct item 1 of his DD Form 214 to reflect his middle name as it is listed on his DA Form 2-1
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x ___ 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 the middle name in item 1 of his DD Form 214 and adding his middle name as it is listed on his DA Form 2-1.
_______ _ __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) AR20120004161
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120004161
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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