BOARD DATE: 18 April 2013
DOCKET NUMBER: AR20120016940
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 "Harold" instead of "Howard."
2. The applicant states:
* the middle name listed on his DD Form 214 is incorrect
* his middle name is "Harold," not "Howard"
3. The applicant provides:
* Certificate of Birth
* DD Form 214
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 5 May 1966. He served as a machinist and he was honorably released from active duty on
3 May 1968 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 11 months, and 29 days of total active service. The DD Form 214 he was issued at the time shows in item 1 (Last Name, First Name, Middle Name) his middle name as "Howard."
3. The applicant's record contains a DD Form 398 (Statement of Personal History), dated 1 May 1966, that he completed prior to his induction processing. He listed his middle name as "Harold" on this form.
4. He provided his birth certificate that shows his middle name is "Harold."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows his middle name as "Harold" at the time of his induction in May 1966. Therefore, it would be appropriate at this time to correct his DD Form 214 to reflect this middle name as shown on his Certificate of Birth and DD Form 398.
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 the current middle name entry and replacing it with the middle name as shown on his Certificate of Birth and
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) AR20120016940
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120016940
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130007040
Application for correction of military records (with supporting documents provided, if any). 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. His DD Form 398, induction record, and service personnel records show the first name Jessy and middle name Larry.
ARMY | BCMR | CY2008 | 20080016768
ARMY | BCMR | CY2012 | 20120003643
He would like his military records to reflect his first and middle names as shown on his birth certificate. He submitted a DD Form 1343, dated 6 August 2007, that indicates a change to his first and middle names to Walter H. was recorded in his official records. The DD Form 1343 reflects a change to his first and middle names to Walter H. was recorded in his official records effective 6 August 2007.
ARMY | BCMR | CY2010 | 20100015584
The birth certificate provided by the applicant shows the same biological parents he listed on his DD Form 398 and shows he was named T_____ J_____ H_____. The evidence of record shows the applicant was inducted under the name T_____ H_____ R_____ and that the name was used consistently in his military records. ABCMR Record of Proceedings (cont) AR20100015584 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100015584 2 ARMY...
ARMY | BCMR | CY2010 | 20100026064
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows that upon his induction, the applicant listed his name as "---ea- -ylea- Jr." This full name is consistent with the full name on the documents in his official military record throughout his service. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct full name,...
ARMY | BCMR | CY2013 | 20130018051
The applicant's record contains a DD Form 398 (Statement of Personal History), dated 9 April 1970, that he completed during his induction processing that shows he listed his middle name as Dwayne. Therefore, it would be appropriate at this time to correct item 1 of his DD Form 214 to show his middle name as Dwayne. ___________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.
ARMY | BCMR | CY2014 | 20140016098
Application for correction of military records (with supporting documents provided, if any). For purposes of clarity, however, it would be appropriate to amend item 32 (Remarks) of his DD Form 214 to add the entry: "Service member's records contain a DA Form 268, dated 7 March 1966, showing his name as E____ O___Z-S___Z; DOB as 16 April 1937; and POB as Madrid, Spain." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2014 | 20140007343
ARMY | BCMR | CY2014 | 20140006758
Application for correction of military records (with supporting documents provided, if any). 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. The applicant's record contains a DD Form 47 (Record of Induction), dated 21 January 1970, that shows his middle name as "Allen."
ARMY | BCMR | CY2013 | 20130017065
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct spelling of his middle name. On his DD Form 47 (Record of Induction) his middle name is spelled "Allan." Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.