IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140020030
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 discharge orders from the U.S. Army Reserve (USAR) to show his middle name as Edward instead of Eugene.
2. The applicant states the middle name Eugene appears to be a typographical error. His middle name is Edward and he was never known by nor used any other middle name.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 4 (Enlistment/Reenlistment Document)
* DA Form 2A (Personnel Qualification Record-Part I)
* DA Form 2-1 (Personnel Qualification Record-Part II)
* Orders D-08-461302
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 records show he enlisted in the Regular Army on 19 September 1986. His DD Form 4 listed his middle name as Edward. He authenticated this form with his signature using his full name that contains this middle name.
3. His DA Forms 2A and 2-1, which were created upon his entry on active duty, listed his middle name as Edward.
4. His records contain various medical, personnel, and finance documents listing his middle name as Edward. He authenticated some of these forms as required with his signature using his full name that contains this middle name.
5. He was honorably released from active duty on 15 January 1987 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligations. Item 1 (Name (Last, First, Middle)) of his DD Form 214 listed his middle name as Edward.
6. On 2 August 1994, the USAR Personnel Center, St. Louis, MO published Orders D-08-461302 honorably discharging him from the USAR after having completed his service obligations. The orders listed his middle name as Eugene.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows at the time of his enlistment, the applicant listed his middle name as Edward. This middle name is consistent with the middle name shown on several documents throughout his military service. His DD Form 214 also listed his middle name as Edward.
2. It appears that during the preparation of his USAR discharge orders an administrative error occurred resulting in the entry of the incorrect middle name. In view of the foregoing, his USAR discharge orders should be corrected to show his middle name as Edward instead of Eugene.
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 amending Orders D-08-461302, issued by the USAR Personnel Center, St. Louis, MO, on 2 August 1994 to show his middle name as Edward.
_______ _ 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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