IN THE CASE OF:
BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130012197
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 the middle name shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his middle name is misspelled as "Rae" and should be "Ray."
3. The applicant provides copies of his social security card, inmate identification card, State of North Carolina Certificate of Live Birth, and a self-authored statement.
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. On 16 October 1990, the applicant enlisted in the Regular Army. His records, including his enlistment document, consistently show his middle name spelled as "Ray" throughout his military service.
3. There is no evidence showing the middle name "Rae" was ever used during his military service.
4. On 23 April 1991, he was discharged for the good of the service. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows the middle name "Rae."
DISCUSSION AND CONCLUSIONS:
The evidence indicates an administrative error was made when recording the applicant's middle name on his DD Form 214. It would be appropriate to correct this error at this time.
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 amending his DD Form 214 to show the spelling of his middle name as "Ray" as shown on his enlistment document.
_______ _ 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) AR20130012197
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ABCMR Record of Proceedings (cont) AR20130012197
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