IN THE CASE OF:
BOARD DATE: 13 October 2015
DOCKET NUMBER: AR20150003543
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, in effect, correction of his records by removing the middle name from his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 18 February 2009 and 23 January 2012.
2. The applicant states he does not have a middle name.
3. The applicant provides a copy of his DD Form 214 for the period ending 23 January 2012.
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 U.S. Army Reserve (USAR) on 11 August 2008. His DD Form 4/1 (Enlistment/Reenlistment - Armed Forces of the United States) does not list a middle name.
3. On 10 October 2008, the applicant entered active duty for training. On 18 February 2009, he was released from active duty training upon the completion of his required active service. The DD Form 214 he was issued upon his release from active duty training lists his middle name as "LUN."
4. His record contains numerous documents which fail to list a middle name for the applicant.
5. On 7 January 2011, the applicant entered active duty in support of Operation New Dawn. Evidence indicates he served in Iraq for the period 9 February to 11 December 2011. On 23 January 2012, he was honorably released from active duty upon the completion of his required active service. The DD Form 214 he was issued upon the completion of his required active service lists his middle name as "LUN."
6. His record contains Orders 15-041-00034, issued by Headquarters, 99th Regional Support Command, Fort Dix, NJ, dated 10 February 2015, which released him from his current assignment due to meeting the expiration of his term of service or USAR service obligation and assigned him to the USAR Control Group (Reinforcement), effective 9 March 2015. The standard name line of the order does not list a middle name for the applicant.
7. Army Regulation 635-5 (Separation Documents), then in effect, established 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 absence of a middle name on documents contained in his official military records upon his enlistment and throughout his service. It appears a middle name was inadvertently listed on his DD Forms 214. It would be appropriate to correct his record by eliminating the middle name "LUN" from his DD Forms 214 for the periods ending 18 February 2009 and 23 January 2012, respectively.
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 "LUN" from item 1 (Name) of his DD Forms 214 for the periods ending 18 February 2009 and 23 January 2012, respectively.
__________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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