IN THE CASE OF:
BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120010294
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.
2. The applicant states his birth name is "Larry Roy P____." However, his middle name is incorrectly recorded on his separation document as "Ray."
3. The applicant provides a copy of a State of Texas, Certificate of Birth, that shows his name is "Larry Roy P_____."
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 DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army on 31 August 1973 for a period of 3 years. It also shows in:
a. item 5 (Last Name - First Name - Middle Name): "P____, Larry Roy" (the typed middle name was corrected from "Ray" and initialed by the applicant and the commissioned officer who administered the oath of enlistment); and
b. item 57 (Oath of Enlistment): "I, Larry Roy P____, do hereby acknowledge to have voluntarily enlisted under the conditions prescribed by law this 31st day of August 1973, in the United States Army for a period of three (3) years
." and the applicant's signature "(Larry Roy P____)."
3. A DD Form 398 (Statement of Personal History), prepared by the applicant, dated 7 September 1973, shows he entered his name as "Larry Roy P_____."
4. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 1 (Name): "P____, Larry Roy."
5. The applicant's DD Form 214 shows he entered the Regular Army (RA) on
31 August 1973, he was honorably released from active duty on 30 August 1976, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation. He completed 3 years of net active service. It also shows in:
a. item 1 (Last Name - First Name - Middle Name): "P____, Larry Ray"; and
b. item 29 (Signature of Person Being Separated): "EM [Enlisted Member] Not Available For Signature."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon entry on active duty in the RA, the applicant's middle name was correctly recorded in his military service record.
2. Therefore, it would be appropriate to correct the applicant's DD Form 214, 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 the entry from item 1 of his DD Form 214 and adding the applicant's name as it is listed on his DD Form 398.
_______ _ _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) AR20120010294
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ABCMR Record of Proceedings (cont) AR20120010294
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