IN THE CASE OF:
BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120021237
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 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 2007 to show the spelling of his middle name as "Stephan."
2. The applicant states his DD Form 214 currently shows his middle name as "Stephen." The error occurred due to his lack of attention to detail before signing the form.
3. The applicant provides:
* Texas driver's license
* U.S. Uniformed Services Identification Card
* U.S. Passport
* DD Forms 214 for the periods ending 5 July 1995 and 28 February 2007
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's enlistment contract shows his middle name as "Stephan." He enlisted in the Regular Army on 6 December 1983.
3. He provides his DD Form 214 for the period ending 5 July 1995 which shows his middle name as "Stephan."
4. On 6 July 1995, he was appointed as a warrant officer one with concurrent order to active duty. On 28 February 2007, he retired in the rank of chief warrant officer three.
5. Item 1 (Name) of his DD Form 214 for the period ending 28 February 2007 shows his middle name as "Stephen."
DISCUSSION AND CONCLUSIONS:
The evidence of record shows his middle name as "Stephan" at the time of his enlistment in 1983. Therefore, it would be appropriate to correct item 1 of his DD Form 214 for the period ending 28 February 2007 to reflect his middle name as "Stephan" as shown on his enlistment contract.
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 currently shown in item 1 of his DD Form 214 for the
period ending 28 February 2007 and replacing it with the middle name shown on his enlistment contract.
___________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) AR20120021237
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ABCMR Record of Proceedings (cont) AR20120021237
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