BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20140021579
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 his DD Form 214 (Report of Separation from Active Duty) with an effective date of 20 May 1970 be corrected to show his first name as "Michial" instead of "Michael."
2. The applicant states he has spelled his first name as "Michial" all of his life.
3. The applicant provides:
* Department of Veterans Affairs (VA) Certificate of Eligibility for loan guaranty benefits
* A VA identification card
* DD Form 214
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. On 21 May 1968, he was inducted into the Army of the United States. Item 1 (Last Name - First Name - Middle Name) of his DD Form 47 (Record of Induction) shows his first name as "Michial."
3. Item 1 (First Name - Middle Name - Maiden Name (if any) - Last Name) of his DD Form 398 (Statement of Personal History) shows his first name as "Michial." The applicant's signature shows his first name as "Michial" and the form is dated 2 October 1969.
4. Documents throughout his Military Personnel Records Jacket (MPRJ) show his first name as "Michial" and as "Michael." However, wherever he was required to sign a document he signed his name with the first name "Michial."
5. On 20 May 1970, he was released from active duty. Item 3 (Last Name - First Name - Middle Name) of his DD Form 214 shows his first name as "Michael." His signature on the DD Form 214 shows the first name "Michial."
6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form be complete and accurate and reflected the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
His DD Form 47 and his DD Form 398 show his first name as "Michial." Anywhere the applicant was required to sign his name throughout his period of service he signed it with the first name "Michial." There is sufficient evidence to show his first name is typed incorrectly on his DD Form 214 with an effective date of 20 May 1970.
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 item 3 his DD Form 214 with an effective date of 20 May 1970 by deleting the first name "Michael" and entering the first name "Michial."
_______ _ _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) AR20140021579
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ABCMR Record of Proceedings (cont) AR20140021579
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