IN THE CASE OF:
BOARD DATE: 4 December 2014
DOCKET NUMBER: AR20140007502
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 middle name on his DD Form 214 (Report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214).
2. The applicant states his middle name is spelled Fredrick, not Frederick.
3. The applicant provides a copy of his 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 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 spelled his middle name Fredrick on the DD Form 398 (Statement of Personal History) that he submitted for his 11 January 1968 induction. The only places in his record where his middle name appears as Frederick is on his 16 August 1969 DD Form 214 and 28 July 2011 DD Form 215.
DISCUSSION AND CONCLUSIONS:
The applicant's middle name was misspelled on his DD Forms 214 and 215. It should be corrected as recommended below.
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 correcting the spelling of his middle name on his DD Forms 214 and 215 to
"Fredrick."
___________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) AR20140007502
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ABCMR Record of Proceedings (cont) AR20140007502
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