IN THE CASE OF:
BOARD DATE: 12 March 2015
DOCKET NUMBER: AR20140013353
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 Vxxxxxxxxx instead of Wxxxxxxxxx.
2. The applicant states, in effect, his middle name is incorrectly shown. A typographical error was made.
3. The applicant provides his driver's license.
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 enlisted in the Regular Army on 15 June 1965.
3. On 14 June 1968, he was honorably released from active duty. His
DD Form 214 shows his middle name as Wxxxxxxxxx.
4. His DD Form 4 (Enlistment Record - Armed Forces of the United States) and his DD Form 398 (Statement of Personal History) both show his middle name as Vxxxxxxxxx.
5. He provides a copy of his driver's license, which shows his middle name as Vxxxxxxxxx.
DISCUSSION AND CONCLUSIONS:
The evidence indicates an administrative error was made when recording the applicant's middle name on his DD Form 214. Therefore, it would be appropriate to correct this error at this time.
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
amending his DD Form 214 to show the middle name listed on his driver's license.
___________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) AR20140013353
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140013353
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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