IN THE CASE OF:
BOARD DATE: 9 May 2013
DOCKET NUMBER: AR20120018774
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 "Ray" instead of "Rays."
2. The applicant states the correction of the error with his middle name would preclude confusion regarding his identity as it relates to the Department of Veterans Affairs (VA) claims.
3. The applicant provides:
* DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ))
* Letter from the Social Security Administration (SSA), dated 26 September 2012
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 enlisted in the Regular Army on 16 January 1967 for a period of 3 years. He was awarded military occupational specialty 72C (central office telephone switchboard operator).
3. His record contains:
a. a DD Form 398 (Statement of Personal History), dated 16 January 1967, that shows he printed his middle name as "Ray" and signed this document with the spelling of his middle name as "Ray," and
b. a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 16 January 1967, that shows his middle name as "Ray" and shows he signed this document with the spelling of his middle name as "Ray."
4. On 20 August 1969, he was honorably released from active duty as an overseas returnee. The DD Form 214 he was issued at the time shows his middle name as "Rays."
5. The applicant provided a DA Form 2627-1 and a letter from the SSA that show his middle name as "Ray."
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows his middle name as "Rays." His DD Form 398, DD Form 4, DA Form 2627-1, and a letter from the SSA show his middle name is "Ray." It appears that during the preparation of his DD Form 214 an administrative error occurred that resulted in his middle name being entered as "Rays."
2. In view of the foregoing, it would be appropriate at this time to correct his
DD Form 214 to show his middle name as shown on the preceding documents of record and the SSA letter provided by the applicant.
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 deleting the current middle name as shown on his DD Form 214 and replacing it with the middle name as shown on his DD Form 398 and DD Form 4.
____________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) AR20120018774
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120018774
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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