BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20120006936
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge to change the spelling of his first name from "Kieth" to "Keith" and his service number from
"RA XX XXX X9X" to "RA XX XXX X4X."
2. The applicant states, in effect, his first name and service number were entered incorrectly on his DD Form 214.
3. The applicant provides General Orders (GO) Number 7706, dated 27 June 1969, and a copy of his Social Security Card.
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 applicants 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 applicants 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 398 (Statement of Personal History), dated
9 October 1967, shows his first name is listed as "Keith."
3. His DD Form 4 (Enlistment Contract - Armed Forces of the United States), shows he enlisted in the Regular Army on 29 December 1967. This form further shows his first name spelled as "Keith" and his service number listed as
"RA XX XXX X4X."
4. His DA Form 20 (Enlisted Qualification Record) shows his first name spelled as "Keith" and his service number listed as "RA XX XXX X4X."
5. He provided a copy of GO Number 7706, dated 27 June 1969, wherein his first name is spelled as "Keith" and his service number listed as
"RA XX XXX X4X."
6. His DD Form 214 shows he was honorably released from active duty on
8 September 1969. This form further shows his first name spelled as "Kieth" and his service number listed as "RA XX XXX X9X."
DISCUSSION AND CONCLUSIONS:
The applicant's record shows he enlisted under and consistently used the first name of "Keith" and the service number "RA XX XXX X4X" throughout his period of military service. It appears his first name and service number were incorrectly entered on his DD Form 214 as a result of an administrative error. Therefore, his DD Form 214 should be corrected to reflect his correct first name and service number.
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 from item 1 of his DD Form 214 the first name "Kieth" and replacing it with the first name "Keith"
* deleting from item 2 of the DD Form 214 the entry "RA XX XXX X9X" and replacing it with "RA XX XXX X4X"
___________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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