IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140010091
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 records to show his middle name spelled as "B___" instead of "R___."
2. The applicant states his record is in error.
3. The applicant provides a copy of his driver license and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 was inducted into the Army of the United States on 9 April 1968. His DD Form 47 (Record of Induction) lists his middle name as he requests, "B___."
3. His records contain numerous personnel and medical documents which lists his middle name as he requests. He authenticated many of these forms, as required, by placing his signature in the appropriate place using the spelling of his middle name as he requests.
4. On 13 January 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows the spelling of his middle name as "R___."
5. The applicant provides a copy of his driver license which lists his middle name as he requests.
6. Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs 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:
The evidence of record shows the applicant's spelling of his middle name as "B___" upon his induction. This spelling of his middle name is consistent with the spelling of his middle name on numerous documents contained in his official military records throughout his military service. He authenticated several forms which contain this spelling of his middle name. It appears his middle name was inadvertently misspelled on his DD Form 214 at the time of his release from active duty. Therefore, he is entitled to correction of his DD Form 214 to show the spelling of his middle name as "B___."
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 the middle name "R___" from item 1 of his DD Form 214 and replacing it with the middle name "B___" as shown on his DD Form 47.
_______ _ 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.
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