IN THE CASE OF:
BOARD DATE: 31 July 2014
DOCKET NUMBER: AR20130020516
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 "Lemuel" instead of "Leumaul"
* his date of birth (DOB) as "9 July 1943" instead of "4 July 1943"
2. The applicant states his middle name and DOB are incorrect on his DD Form 214 and he wants to ensure that a Department of Veterans Affairs (VA) marker can be ordered at the time of his death with the correct information on it.
3. The applicant provides a copy of his DD Form 214 and a copy of his birth record from the South Carolina Division of Vital Records, dated 7 October 2013.
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. In connection with his induction, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his middle name as "Leumuel" and his DOB as "9 July 1943." (It appears he spelled his middle name as "Leumuel; however, the first "u" was erased.)
3. On 27 April 1965, the applicant was inducted into the Army of the United States.
4. On 28 February 1967, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows his middle name as "Leumaul" and his DOB as "4 July 1943."
5. He provides a copy of his birth record that lists his middle name as "Lemuel" and his DOB as "9 July 1943."
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. In connection with his induction, the applicant listed his name as "Leumuel" and DOB as "9 July 1943." However, it appears an administrative error occurred during his induction with the spelling of his middle name and DOB and continued throughout his service.
2. Based on the evidence of record and the evidence provided by the applicant, it would be appropriate at this time to correct his DD Form 214 to show his middle name and DOB as they are listed on his birth record from the South Carolina Division of Vital Records.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 his middle name and date of birth as shown on his birth record from the South Carolina Division of Vital Records.
____________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) AR20130020516
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ABCMR Record of Proceedings (cont) AR20130020516
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