IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110006386 


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 first and middle name as “Terry Anthony.”

2.  The applicant states that at the time of his enlistment his name was incorrectly listed as “Anthony Terry” on his enlistment contract.  He goes on to state that he had his name corrected in 1969 while he was serving on active duty; however, at the time of his separation he was told that his name on his DD Form 214 had to be the same as his enlistment contract.

3.  The applicant provides:

* his DD Form 214
* a DA Form 2496 (Disposition Form, dated 16 October 1969
* a DD Form 1343 (Notification of Change in Service Member's Official Records), dated 6 November 1973
* a copy of Social Security card
* a copy of his Florida 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.  The applicant enlisted in the Regular Army on 24 September 1969 for a period of 3 years and training as a telephone switchboard operator.  At the time of his enlistment his DD Form 4 (Enlistment Contract - Armed Forces of the United States) was prepared to reflect a first and middle name of “Anthony Terry.”

3.  On 26 September 1969, he was transferred to Fort Gordon, GA to undergo his one-station unit training.  On 16 October 1969, the applicant’s commander submitted a DA Form 2496, subject:  Change of Name in 201 File, requesting that the first and middle name in the applicant’s Military Personnel Records Jacket (MPRJ) be changed from “Anthony Terry” to "Terry Anthony.”

4.  He completed his training and he was transferred to Vietnam on 1 March 1970 and he continued to serve under the first and middle name of “Terry Anthony.”  He departed Vietnam on 26 February 1971 for assignment to Fort Hood, TX where he served under the first and middle name of “Terry Anthony” until he was honorably released from active duty (REFRAD) on 24 March 1972 under the Phasedown Release Program.  His DD Form 214 issued at the time of his REFRAD reflects in item 1 (Last Name, First Name, Middle Name) his first and middle name as “Anthony Terry.”

5.  On 6 November 1973, The Adjutant General approved the change of the applicant’s name from “Anthony Terry” to “Terry Anthony” in his official records.  However, there is no evidence to show that his DD Form 214 was corrected.  The remaining documents in his MPRJ have been appropriately corrected.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government 

agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  It further states the DD Form 214 will be prepared to reflect information that exists in the official records at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and appear to have merit.  The applicant notified officials when he entered basic training that his name was incorrectly reflected on his military records and the commander took immediate action to correct the error.

2.  The applicant served his entire period of enlistment under the correct first and middle name of “Terry Anthony” and the documents in his records correctly reflect the correct name.  However, at the time of his REFRAD his DD Form 214 was prepared to reflect the first and middle name of “Anthony Terry,” which was the first and middle name reflected on his enlistment contract at the time of his enlistment.

3.  On 6 November 1973, over 4 years after the applicant and his commander had officially requested a change to his name, The Adjutant General approved the request to change his first and middle name in his records and his enlistment contract was so changed.

4.  Since he served his entire enlistment under the correct first and middle name of “Terry Anthony” and since the change was approved by the appropriate officials, his DD Form 214 should be corrected at this time to show that his first and middle name is “Terry Anthony” instead of “Anthony Terry” as currently reflected.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 from item 1 of his DD Form 214 the first and middle name of “Anthony Terry” and replacing it with the entry “Terry Anthony.”

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20110006386



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ABCMR Record of Proceedings (cont)                                         AR20110006386



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