IN THE CASE OF: BOARD DATE: 18 December 2014 DOCKET NUMBER: AR20140008260 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), for the period ending 3 August 1962, to show his first and middle names as F____ W____ instead of W____ F____. 2. The applicant states his full birth name is F____ W____ K____ as shown on his birth certificate and social security card. He did not realize that having a clerical error on his DD Form 214 would hinder the process of applying for various veterans' health care benefits. 3. The applicant provides copies of his DD Form 214, a certificate from the City of Cleveland, his social security card, and his State of Ohio Driver 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. On 20 March 1956, the applicant underwent a medical examination for the purpose of enlistment in the U.S. Army Reserve (USAR). The Standard Form 88 (Report of Medical Examination) shows his first and middle names as F____ W____. 3. He enlisted in the USAR on 28 March 1956. His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his first and middle names as W____ F____. 4. He entered active duty as a member of the USAR on 2 November 1961. On 6 November 1961, he completed a DA Form 41 (Record of Emergency Data) in which he listed his first and middle names as F____ W____. 5. On 23 January 1962, he completed a DD Form 398 (Statement of Personal History), wherein he listed his first and middle names as F____ W____. Item  20 (Remarks) of the DD Form 398 includes a brief explanation of the discrepancies regarding his first and middle names in his military records. 6. He was released from active duty to the control of the USAR on 3 August 1962. His DD Form 214 shows his first and middle names as W____ F____. 7. A review of his Official Military Personnel File reveals that he listed his first and middle names as F____ W____ on certain documents and he also listed his first and middle names as W____ F____ on several other documents. 8. He provides a copy of a certificate from the City of Cleveland that certifies that a copy of his birth certificate is on file in the Bureau of Vital Statistics, Division of Health. This document shows his full name as F____ K____, with no middle initial. He also provides copies of his social security card and State of Ohio Driver License that show his full name as F____ W____ K____. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his DD Form 214 should be corrected to show his first and middle names as F____ W____ instead of W____ F____ has been carefully considered. 2. On 6 November 1961, while serving on active duty, he completed a DA Form 41 and listed his first and middle names as F____ W____. On 23 January 1962, he completed a DD Form 398 on which he also listed his first and middle names as F____ W____. 3. Based on the foregoing evidence, it appears that an administrative error occurred during preparation of his DD Form 214 that resulted in his first and middle names being incorrectly listed. Therefore, his DD Form 214 should be corrected to show his first and middle names as F____ W____. 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 deleting the first and middle name entries currently shown on his DD Form 214 and replacing these entries with the first and middle names shown on his social security card. ___________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) AR20140008260 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140008260 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1