IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120011034
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 "Bernard" vice "Edward."
2. The applicant states he never realized that there was a mistake on his
DD Form 214.
3. The applicant provides his DD Form 214, Honorable Discharge Certificate, and certificate of birth.
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 was inducted into the Army of the United States on 19 August 1959. His Army Military Human Resource Record (AMHRR) contains the following documents:
* DD Form 47 (Record of Induction), dated 19 August 1959
* Standard Forms (SF) 88 (Report of Medical Examination), dated 29 July 1958 and 19 August 1959
* SF 89 (Report of Medical History)
* DA Form 20 (Enlisted Qualification Record)
3. The above documents and all other documents contained in his OMPF requiring a middle name or an initial show his middle name as "Bernard" and his middle initial as "B" with the exception of his DA Form 24 (Service Record). This form lists his middle name as "Edward."
4. He served 1 year, 11 months, and 14 days on active duty and was honorably released from active duty on 2 August 1961. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his middle name as "Edward."
5. He provided a copy of his birth certificate that shows his middle name as "Bernard." Additionally, his Honorable Discharge Certificate shows his middle initial as "B."
6. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of, release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The DA Form 24 is the only document in the applicant's AMHRR that shows his middle name as "Edward." All other documents to include his Record of Induction, Report of Medical Examination/History, and Enlisted Qualification Record show his middle name as "Bernard." Additionally, his birth certificate confirms his correct middle name. Therefore, he is entitled to correction of his DD Form 214 to show his middle name as "Bernard."
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 amending his DD Form 214 to show his middle name as "Bernard" as it appears on his birth certificate.
_______ _ __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) AR20120011034
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ABCMR Record of Proceedings (cont) AR20120011034
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