IN THE CASE OF:
BOARD DATE: 6 June 2013
DOCKET NUMBER: AR20120021073
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 "William" vice "Wayne."
2. The applicant states his middle name as listed on his DD Form 214 is incorrect.
3. The applicant provides his 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 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. His record contains a DD Form 398 (Statement of Personal History), dated
17 January 1967, wherein his middle name is listed as "William." He authenticated this document by placing his signature in the appropriate block indicating the information contained therein was correct.
3. The applicant's record contains a DD Form 47 (Record of Induction), dated
18 January 1967, that shows his middle name as "William." His signature is not on this form.
4. He was honorably released from active duty on 17 January 1969. His DD Form 214 shows his middle name as "Wayne."
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 398 and DD Form 47 show his middle name listed as "William." It appears a mistake was made by improperly listing his middle name on his DD Form 214; therefore, this form should be corrected to show his middle name as "William."
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 middle name "Wayne" from his DD Form 214 and replacing it with the middle name "William" as shown on his DD Form 398 and DD Form 47.
_______ _ 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) AR20120021073
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120021073
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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