IN THE CASE OF:	  

		BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110021127 


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 name as "David" instead of "Robert."

2.  The applicant states he wants his DD Form 214 corrected because he is trying to buy a house.

3.  He provides:

* birth certificate
* DD Form 214
* two National Guard Bureau (NGB) Forms 22 (Report of Separation and Record of Service)
* NGB Form 23 (Retirement Credits Record)

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.  In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his first name as "David."  He authenticated this form by using the first name "David."

3.  His military record shows he enlisted in the RA on 30 January 1970 for 3 years.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his first name as "Robert."  Item 5 (Last Name-First Name-Middle Name) of this form shows the first name of "Robert" was lined through with the name "David" handwritten.  He authenticated this form by using the first name "Robert."

4.  On 25 March 1970, he submitted a request to change his first name in his service personnel records from "Robert" to "David" along with his birth certificate. His unit commander recommended approval of the request on the same date.

5.  Special Orders Number 86 were issued by Headquarters, U.S. Army Training Center Engineer, Fort Leonard Wood, MO, on 27 March 1970, directing the first name listed in his records to be changed from "Robert" to "David" based on his birth certificate.

6.  He was honorably released from active duty on 9 March 1972 to join a U.S. Army Reserve or Army National Guard (ARNG) unit.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 listed his first name as "Robert."  He authenticated this form by placing his signature in the appropriate block using the first name "David."

7.  He enlisted in the Tennessee ARNG (TNARNG) on 6 May 1972.  He was honorably released from the TNARNG on 5 May 1973 and transferred to the USAR.  Item 1 (Name (Last, First, Middle Initial) of the NGB Form 22 lists the first name of "David."  

8.  He again enlisted in the TNARNG on 28 May 1974.  His DD Form 4 listed his first name as "David."  He authenticated this form by using the first name of "David."

9.  Item 1 (Name (Last, First, Middle Initial) and Service Number) of his DA Form 20 (Enlisted Qualification Record) lists his first name as "David."  He reviewed this form and authenticated it with his signature indicating the information listed was correct on 28 May 1974.

10.  He was honorably discharged from the TNARNG on 14 May 1975.  Item 1 of the NGB Form 22 he was issued lists the first name of "David."  

11.  He provides a birth certificate which shows the first name of "Robert" was lined through with the name "David" handwritten.  He also provides a copy of his NGB Form 23 which shows the first name of "David."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the RA on 30 January 1970 using the first name of "Robert."  On 25 March 1970, he submitted a change of name request as his birth certificate showed his first name was "David" and not "Robert."  Orders were published on 27 March 1970 correcting his service personnel records to show the first name "David."  He was released from active duty on 9 March 1972 and issued a DD Form 214 showing his first name as "Robert."  He authenticated this form by using the first name "David."

2.  He subsequently enlisted and served in the USAR and TNARNG.  He was issued two NGB Forms 22 which show his first name as "David."

3.  It appears at the time of enlistment in the RA his birth certificate was not available.  Shortly thereafter, he provided his birth certificate which showed his first name was "David" and not "Robert."  His first name was incorrectly listed during the preparation of his DD Form 214 as a result of an administrative error.

4.  In view of the foregoing his DD Form 214 should be corrected as recommended below.

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 "Robert" from Item 1 of the applicant's DD Form 214 and adding "David" as it is listed on his birth certificate.



      _______ _   __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)                                         AR20110021127



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ABCMR Record of Proceedings (cont)                                         AR20110021127



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