IN THE CASE OF:
BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120013334
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 Honorable Discharge Certificate, dated 11 September 1956, to show his middle name as "Barker" instead of "Banker."
2. The applicant states his middle name is not "Banker"; he believes it is a typo on his discharge certificate.
3. The applicant provides:
* his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 15 June 1952
* Honorable Discharge Certificate, dated 11 September 1956
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 was inducted into the Army of the United States on
19 September 1950. On 15 June 1952, he was honorably released from active duty prior to his expiration of term of service for the convenience of the Government. He completed 1 year and 9 months of total active service. He was subsequently transferred to the control of the Enlisted Reserve Corps to complete his remaining service obligation. The DD Form 214 he was issued at the time shows his middle name as "Barker."
3. On 11 September 1956, he was honorably discharged from the Army Reserve. The Honorable Discharge Certificate he was issued shows his middle name as "Banker."
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant served under the middle name of "Barker," which is incorrectly shown on the Honorable Discharge Certificate he was issued on 11 September 1956. Therefore, he should be issued a new discharge certificate to show his correct middle name.
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
issuing the applicant a new Honorable Discharge Certificate, dated
11 September 1956, showing his middle name as "Barker."
___________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) AR20120013334
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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