IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130001568
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 "Ridgley" instead of "Ridge."
2. The applicant states his middle name is incorrect on his DD Form 214. At the time of his discharge he didn't think it mattered, but now he is applying for Department of Veterans Affair (VA) benefits.
3. The applicant provides copies of his:
* DD Form 214
* Maryland Driver's License
* U.S. Passport, page 27
* Social Security Card
* State of Maryland Birth Certificate
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 enlisted in the Regular Army on 5 April 1963.
3. He was released from active duty effective 4 April 1966. His DD Form 214 shows his middle name as "Ridge."
4. His records contain the following documents showing his middle name as "Ridgley":
* DD Form 4 (Enlistment Record Armed Forces of the United States)
* DA Form 428 (Application for Identification Card)
* DD Form 398 (Statement of Personal History)
5. He provides the following documents showing his middle name as "Ridgley":
* Maryland Driver's License
* Page 27 of his U.S. Passport
* his Social Security card
* His State of Maryland Birth Certificate
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant's middle name was incorrectly entered on his DD Form 214. Therefore, his DD Form 214 should be corrected to show his middle name as Ridgley.
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 entry "Ridge" from item 1 (Name) of his DD Form 214 and replacing it with the entry "Ridgley."
_______ _ 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) AR20100016261
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ABCMR Record of Proceedings (cont) AR20130001568
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