BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20130000426
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) to show his middle name as "Morris."
2. The applicant states his middle name on his DD Form 214 is misspelled and it should be changed to show "Morris" instead of "Borris."
3. The applicant provides a letter from the Social Security Administration (SSA).
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 12 March
1964.
3. His records contain:
a. a 2AA Form 563 (Acknowledgement of Service Obligation), dated
12 March 1964, showing his middle name printed as "Borris" and his signature with the middle name "Morris";
b. Special Orders Number 53, dated 12 March 1964, that show his middle initial as "M"; and
c. a DA Form 41 (Record of Emergency) dated 4 September 1964, showing his middle name printed as "Borris" and his signature with the middle initial "M."
4. On 7 March 1966, he was honorably released from active duty. Item
1 (Name) of the applicant's DD Form 214 shows his middle name as "Borris."
5. The applicant provided a letter from the SSA that shows he stated his middle name is "Morris."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his middle name as "Morris" was carefully considered and determined to have merit.
2. The evidence shows there was confusion as to which name was the applicant's middle name of record. It would be in the best interest of the Army and the applicant to resolve that confusion. The preponderance of evidence shows his middle name was and is "Morris." Therefore, it would be appropriate to correct his DD Form 214 to show his middle name as "Morris."
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 "Borris" in item 1 of his DD Form 214 and replacing it with the middle name "Morris."
_______ _ 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.
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