IN THE CASE OF:
BOARD DATE: 21 October 2014
DOCKET NUMBER: AR20140004140
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 item 1 (Last Name - First Name - Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as "Nathaniel."
2. The applicant states his DD Form 214 should show his first name as "Nathaniel" instead of "Nathanie." He just discovered the error.
3. The applicant provides a copy of his DD Form 214 and 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant was inducted into the Army of the United States on 16 May 1968. His records contain the following:
* DD Form 47 (Record of Induction), dated 16 May 1968, which shows his first name spelled as "Nathaniel"
* DD Form 398 (Statement of Personal History), dated 22 May 1968, which shows his first name spelled as "Nathaniel"
* DA Form 41 (Record of Emergency Date), dated 25 October 1969, which shows his first name spelled as "Nathaniel"
* DA Form 20 (Enlisted Qualification Record), dated 25 October 1969, which shows his first name spelled as "Nathaniel"
3. On 23 February 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR). Item 1 of his DD Form 214 shows his first name as "Nathanie."
4. Letter Orders Number 04-1150917, issued on 24 April 1974, discharged him from the USAR on 1 May 1974. The orders show his first name as "Nathaniel."
5. He provided a copy of his birth certificate, issued on 15 September 2010, which identified his first name as "Nathaniel."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated item 1 would list the last name, first name, and full middle name or names, if any.
DISCUSSION AND CONCLUSIONS:
The evidence shows the correct spelling of his first name is "Nathaniel." His DD Form 214 contains a typographical error, in that the letter "L" on the end of his first name was omitted. Therefore, he is entitled to correction of item 1 of his DD Form 214 show his first name spelled as "Nathaniel."
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 deleting from item 1 of his DD Form 214 the entry, "Nathanie" and replacing it with the entry, "Nathaniel."
_______ _ 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) AR20140004140
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ABCMR Record of Proceedings (cont) AR20140004140
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