IN THE CASE OF:
BOARD DATE: 12 November 2014
DOCKET NUMBER: AR20140004646
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 that he had no middle name or middle initial.
2. The applicant states he never had a middle initial or name.
3. The applicant provides his U.S. Certificate of Citizenship.
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's DD Form 4 (Enlistment Contact - Armed Forces of the U.S.) shows he enlisted in the U.S. Army Reserve (USAR) on 23 December 1968. Item 5 (Last Name, Middle Name, Middle Name) shows no entry for a middle initial or name. He was ordered to active duty for training on 25 July 1969.
3. He was released from active duty for training on 21 November 1969. The DD Form 214 he was issued shows no middle initial or name in item 1 (Last Name First Name Middle Name).
4. The official documents contained in his record show he had no middle initial or name.
5. He was ordered to active duty on 24 March 1970 and released from active duty on 26 March 1970. This DD Form 214 shows in item 1 the entry "NMN" (indicating no middle name).
6. He submitted:
a. his U.S. Certificate of Citizenship, dated 27 July 1965, that shows his name as B____ L_______;
b. his Honorable Discharge certificate, dated 10 February 1971, which shows his name as B____ E. L_______; and
c. Special Orders Number 051, dated 20 February 1971, which show his name as L_______ B____ E.
7. Army Regulation 635-5 (Separation Processing and Documents), in effect at that time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation also establishes standardized policy for preparation of the DD Form 214. The instructions for completing item 1 state to enter the last name, first name, and full middle name or names, if any.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted with no middle initial or name. The governing Army regulation, in effect at that time, states to enter the full middle name or names, if any, in item 1 of the DD Form 214. Therefore, he is entitled to have item 1 of his DD Form 214, dated 26 March 1979, corrected to delete the initials "NMN."
2. In addition, he is entitled to have his Honorable Discharge Certificate corrected to delete the entry "E" from his standard name line.
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:
* "NMN" from item 1 of his DD Form 214
* "E" from the name line of his Honorable Discharge Certificate
__________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) AR20140004646
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140004646
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090004796
Application for correction of military records (with supporting documents provided, if any). 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. Item 1 (Name) on his DD Form 214 reads W------s, J----s. DISCUSSION AND CONCLUSIONS: The evidence of record confirms the applicant's orders announcing the award of the Purple Heart contains an incorrect middle initial...
ARMY | BCMR | CY2014 | 20140005601
The applicant requests correction of her military records to show her full name as C____ A____-M____. The applicant states her name was entered incorrectly in the military records system and no one has been able to correct it. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her military records, to include her DD Form 214 for the period ending 28 February 2014, to show her name as shown on her DD Form 2656.
ARMY | BCMR | CY2008 | 20080017669
The applicant requests her last name on her discharge orders be changed to read Blak instead of Thibodeaux and that the letters NMN (no middle name) be excluded from her orders. There is no evidence in the applicant's military records to show that she requested a name change while still in the USAR or that she notified anyone of the change to her last name. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending...
ARMY | BCMR | CY2010 | 20100007463
The applicant requests the first name listed in item 1 (Name) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and in his military record be changed from B____ to H____. The DD Form 214 issued to the applicant upon his discharge lists the same first name in item 1 as recorded on his DD Form 4 and in all other records and documents on file in his OMPF. ____________X_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2009 | 20090009705
Application for correction of military records (with supporting documents provided, if any). Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the document provided by the applicant is insufficient to warrant a change to the name recorded in his military service records and on his DD Form 214. However, as a matter of record, a copy of this Record of Proceedings will be filed...
ARMY | BCMR | CY2008 | 20080016768
ARMY | BCMR | CY2014 | 20140011358
The applicant requests correction of his military service records to show his birth name. A DA Form 3284-R (Applicant's Statement of Name Change), dated 4 March 1974, shows in: * item 1 (Name as Recorded on Birth Certificate): ""B____, M____ C____" * item 5 (Name You Prefer to Use): "I____, M____ C____" * he signed the document with the name "M____ C. I____" 4. Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and...
ARMY | BCMR | CY2012 | 20120012118
ARMY | BCMR | CY2012 | 20120022215
Several documents in his service record listed his first name as "Douglas," his middle name as "Macarthur," and his year of birth as 1945: * DD Form 1584 (National Agency Check Request) * DA Form 41 (Record of Emergency Data) * Separation orders * Report of Medical Examination * Report of Medical History * Clinical records 6. The evidence of record shows the applicant used the first name "Douglas," the middle name "Macarthur," and the year of birth as 1945 upon his induction into the AUS. ...
ARMY | BCMR | CY2012 | 20120005375
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her last name changed from "B____" to "W____." The evidence of record shows the applicant's last name was "B____" at the time she retired on 30 October 2011. As cited in the above regulation, the DD Form 214 provides a brief, clear-cut record of active duty service at the time of separation.