BOARD DATE:	  3 September 2013

		DOCKET NUMBER:  AR20130001756 


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 "Rxxxxx" and his middle name as "Wxxxxx." 

2.  The applicant states his first and middle names are reversed on his DD Form 214. 

3.  The applicant provides his DD Form 214, birth certificate, and 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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History), wherein he listed his first name as "Rxxxxx" and his middle name as "Wxxxxx."  He authenticated this form by placing his signature in the appropriate block using this first and middle name. 

3.  He was inducted into the AUS on 18 July 1967.  His DD Form 47 (record of Induction) listed his first name as "Rxxxxx" and his middle name as "Wxxxxx." 

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also listed his first name as "Rxxxxx" and his middle name as "Wxxxxx." 

5.  Multiple documents in his service personnel record list his first name as "Rxxxxx" and middle name as "Wxxxxx."  He authenticated some of these documents, as required, by placing his signature in the appropriate block:

* VA Form 29-8286 (Servicemen's Group Life Insurance Election)
* DA Form 41 (Record of Emergency Data)
* DA Form 428 (Application for Identification Card)
* Elimination packet and separation orders

6.  The applicant was released from active duty on 17 February 1969.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 lists his first name as "Wxxxxx" vice "Rxxxxx" and his middle name as "Rxxxxx" vice "Wxxxxx." He authenticated this form with his signature using the first name "Rxxxxx" and the middle initial "W."

7.  He provides a birth certificate and a driver license of an individual with the first name "Rxxxxx" and the middle name "Wxxxxx." 

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that at the time of his induction into the AUS, the applicant listed his first name as "Rxxxxx" and his middle name as "Wxxxxx."  The first and middle names are consistent with the first and middle names shown on various documents throughout his military service.  His DD Form 214 inadvertently reversed his first and middle names.  In view of the foregoing, the applicant's 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 his name from item 1 of his DD Form 214 and adding his name as it is listed on his DD Form 47.



      _______ _ 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)                                         AR20130001756



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ABCMR Record of Proceedings (cont)                                         AR20130001756



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