BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120004712 


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) for the period ending 31 October 1977 to show his middle name as "Earl" instead of "Elliot."

2.  The applicant states his DD Form 214 incorrectly listed his middle name.

3.  The applicant provides his DD Form 214 for the period ending 31 October 1977 and a Certification of Birth, issued on 14 July 2005.

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.  In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History), dated 31 January 1973, wherein he listed his middle name as "Earl."  He authenticated this form by placing his signature in the appropriate block using the middle initial "E." 

3.  His record contains a DD Form 4 (Enlistment Contract – Armed Forces of the United States) that shows he enlisted in the RA on 2 February 1973 for a period of 3 years.  This form lists his middle name as "Earl."  He authenticated this form by placing his signature in the appropriate block using his full middle name.

4.  On 7 November 1974, he was honorably discharged.  The DD Form 214 he was issued for this period of service lists his middle name as "Elliot."  He authenticated this form by placing his signature in the appropriate block using the middle initial "E."

5.  He reenlisted in the RA on 8 November 1974 for a period of 3 years.  The
DD Form 4 for this period of reenlistment lists his middle name as "Elliott."  However, he authenticated this form by placing his signature in the appropriate block using the full middle name of "Earl."

6.  Multiple documents in his service personnel record list his middle name as "Earl."  He authenticated some of these documents, as required, by placing his signature in the appropriate block:

* DA Form 20 (Enlisted Qualification Record), prepared on 24 April 1975 and last audited by the applicant on 13 January 1977
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 9 April 1973
* Armed Forces Fingerprint Card, dated 2 February 1973

7.  The applicant was honorably released from active duty on 31 October 1977 due to a short length of time remaining on active duty that precludes reassignment.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 listed his middle name as "Elliot."  He authenticated this form with his signature using the middle initial "E."

8.  He provides a Certification of Birth of an individual with the same first and last name and with a middle name listed as "Earl."

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, 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:

1.  The evidence of record shows that at the time of his initial enlistment the applicant listed his middle name as "Earl."  This middle name is consistent with the middle name shown on various documents throughout his first period of enlistment.  His DD Form 214 for the period ending 7 November 1974 shows his middle name is inadvertently listed as "Elliot" instead of "Earl."

2.  The error was compounded when his DD Form 4, dated 8 November 1974, listed his middle name as "Elliot" which led to his DD Form 214 for the period ending 31 October 1977 to also list his middle name as "Elliot."

3.  In view of the foregoing, the applicant's DD Forms 214 should be corrected as recommended below.

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 for the period ending 7 November 1974 the middle name "Elliot" and replacing it with the middle name "Earl"
* deleting from item 1 of his DD Form 214 for the period ending 31 October 1977 the middle name "Elliot" and replacing it with the middle name "Earl"



      __________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)                                         AR20120004712



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ABCMR Record of Proceedings (cont)                                         AR20120004712



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