IN THE CASE OF:	  

		BOARD DATE:  2 October 2012

		DOCKET NUMBER:  AR20120005553 


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 records to show his correct first and middle names.

2.  The applicant states his name is Kenneth Wayne T____.  He enlisted in the U.S. Army and his name was correctly recorded in his military service records.  However, at the time of his separation processing, his first and middle names were transposed on his separation documents.  He adds that this correction is important to help him prevent identity theft, so he may use his veteran's benefits, and so that Department of Veterans Affairs (VA) officials will stop calling him "Wayne."

3.  The applicant provides copies of the following documents:

* State of Texas, Certificate of Birth
* State of Texas, Certification of Vital Record
* Texas Driver License
* Social Security Card
* DA Form 87 (Certificate of Training)
* DD Form 256A (Honorable Discharge Certificate)
* Reason for Separation letter
* DA Form 1811 (Physical and Mental Status on Release from Active Service)
* DD Form 214 (Report of Separation from Active Duty)


* DD Form 1725 (Certificate of Appreciation)
* VA Certificate of Eligibility

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's DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the Regular Army on 28 July 1971 for a period of 3 years.  It also shows in:

   a.  item 5 (Last Name - First Name - Middle Name):  "T____, Kenneth W"; and

   b.  item 57 (Oath of Enlistment):  "I, Kenneth Wayne T____, do hereby acknowledge to have voluntarily enlisted under the conditions prescribed by law this 28th day of July 1971, in  the U.S. Army for a period of three (3) years…." and the applicant's signature ("Kenneth Wayne T____").

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 1 (Name and Service Number), in part, "T____, Kenneth Wayne"; and

   b.  item 47 (Signature of Individual):  the applicant's signature ("Kenneth Wayne T____").

4.  Headquarters, 6th Personnel and Administration Battalion, Special Orders Number 116, dated 26 April 1974, reassigned the applicant to the U.S. Army Separation Transfer Station, Oakland Army Base, Oakland, CA, with a reporting date of 16 July 1974.  The orders show his name as "T____, Kenneth W."



5.  The applicant's DD Form 214 shows he entered active duty on 28 July 1971, was honorably released from active duty (REFRAD) on 30 July 1974, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.  He completed 3 years and 3 days of net active service.  It also shows in:
   
   a.  item 1 (Last Name - First Name - Middle Name):  "T____, Wayne Kenneth"; and

   b.  item 29 (Signature of Person Being Separated):  the applicant's signature ("Kenneth Wayne T____").

6.  Office of The Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, Orders 06-1088174, dated 29 July 1977, honorably discharged the applicant from the USAR effective 27 July 1977.  The orders show his name as "T____, Kenneth W."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that upon entry on active duty in the U.S. Army, the applicant's first and middle names were correctly recorded in his military service record.  

2.  Therefore, it would be appropriate to correct the applicant's record, 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 from item 1 of his DD Form 214 the current first and middle names and entering his correct first and middle names, as they are listed in the Oath of Enlistment on the DD Form 4.



      __________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)                                         AR20120005553



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ABCMR Record of Proceedings (cont)                                         AR20120005553



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