BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130018655
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 name as "Wayne Michael Axxxxxx" vice "Michael Wayne Axxxxxx."
2. The applicant states his name was incorrectly annotated on his DD Form 214.
3. The applicant provides a certification of birth and 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 an undated DD Form 398 (Statement of Personal History) wherein his name is listed as "Wayne Michael Axxxxxx." 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
8 September 1969, that shows his name as "Michael Wayne Axxxxxx." His signature is not on this form. He was inducted into the Army on 14 September 1970.
4. He was honorably released from active duty on 22 June 1971. His DD Form 214 shows his name as "Michael Wayne Axxxxxx."
5. His certification of birth shows his name as Wayne Michael Axxxxxx.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 398 shows his name listed as "Wayne Michael Axxxxxx" as shown on his Certification of Birth. It appears an administrative error occurred during the preparation of his DD Form 214 resulting in improperly listing his name on his DD Form 214; therefore, his DD Form 214 should be corrected to show his name as "Wayne Michael Axxxxxx."
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 name "Michael Wayne Axxxxxx" from his DD Form 214 and replacing it with the name "Wayne Michael Axxxxxx" as shown on his DD Form 398.
_________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) AR20130018655
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ABCMR Record of Proceedings (cont) AR20130018655
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