IN THE CASE OF:	  

		BOARD DATE:  26 November 2014

		DOCKET NUMBER:  AR20130005902 


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 name as "Kxxxxxx Duane Xxxxx" instead of "Kxxxxxx Dewain Xxxxx, Jr."

2.  The applicant states his middle name is misspelled and he is not a junior.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 July 1977
* driver's license
* Social Security Card
* birth certificate

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/Reenlistment Agreement) is not available for review.

3.  In connection with his enlistment, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his name as "Kxxxxxx Duane Xxxxx, Jr."  His father's name is listed as "Kxxxxxx D. Xxxxx, Sr."  The applicant authenticated this form by placing his signature in the appropriate block.

4.  On 27 December 1966, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 11F (Infantry Operations and Intelligence Specialist).

5.  On 8 July 1969, the applicant was honorably discharged.  His DD Form 214 for this period of service shows his name as "Kxxxxxx Dewain Xxxxx."

6.  On 9 July 1969, he reenlisted and was honorably discharged on 8 April 1975.  His DD Form 214 for this period of service shows his name as "Kxxxxxx Dewain Xxxxx."

7.  On 9 April 1975, he reenlisted and was discharged on 19 July 1977 with a general discharge.  His DD Form 214 for this period of service shows his name as "Kxxxxxx Dewain Xxxxx, Jr."

8.  On 17 April 1999, he was issued a DD Form 215 (Correction to DD Form 214) awarding him the Purple Heart.  His DD Form 215 shows his name as "Kxxxxxx Dewain Xxxxx."

9.  A review of the applicant's Army Human Military Resource Record, formerly known as the official military personnel file, shows he used the following names throughout his periods of service:

* "Kxxxxxx Dewain Xxxxx, Jr."
* "Kxxxxxx Dewain Xxxxx"

10.  He provides a copy of his driver's license, Social Security Card, and birth certificate that lists his name as "Kxxxxxx Duane Xxxxx."

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states 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:

1.  In connection with his enlistment, the applicant listed his name as "Kxxxxxx Duane Xxxxx, Jr."  However, it appears an administrative error occurred with the spelling of his middle name during his accession onto active duty and continued throughout his service.  The evidence shows his father was listed as a senior; therefore, making him a "junior."  However, "junior" was not used consistently throughout his service.

2.  Nevertheless, based on the evidence of record and the evidence provided by the applicant, it would be appropriate at this time to correct his DD Forms 214 for the periods of service ending 8 July 1969, 8 April 1975, 19 July 1977, and his DD Form 215 to show his name as it is listed on his Social Security Card.

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 amending his DD Forms 214 for the periods of service ending 8 July 1969, 8 April 1975, 19 July 1977, and his DD Form 215 to show his name as it is listed on his Social Security Card.



      _______ _  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)                                         AR20130005902



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ABCMR Record of Proceedings (cont)                                         AR20130005902



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