IN THE CASE OF:	  

		BOARD DATE:	    2 January 2014

		DOCKET NUMBER:  AR20130007732 


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 item 1 (Last Name, First Name, Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his first and middle names were inverted on his active duty records including his DD Form 214.  When the error was discovered he was told a correction would hold up his pay for up to six months.  At the time of his discharge he was told a correction would delay his discharge.  As a veteran with honorable service he now needs an accurate DD Form 214.

3.  The applicant provides copies of his birth certificate, DD Form 214, Indiana Army National Guard (INARNG) discharge orders and retirement orders, and U.S. Uniform Services Identification 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 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, the applicant completed a DD Form 398 (Statement of Personal History).  He listed his first name as "Lxe" and his middle name as "Dxxxd."  He authenticated this form with his signature using these first and middle names. 

3.  He was inducted into the Army of the United States on 17 November 1965.  His DD Form 47 (Record of Induction) listed his first name as "Dxxxd" and his middle name as "Lxe."  

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty also inverted his first and middle names.  It listed his first name as "Dxxxd" and his middle name as "Lxe.'  

5.  He was released from active duty on 16 November 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  Item 1 of his DD Form 214 lists his first name as "Dxxxd" and middle name as "Lxe."

6.  All other records located in his active duty records list his first name as "Dxxxd" and the middle initial of "L"

7.  He was discharged from the USAR on 16 November 1972.  The orders list his first name as "Dxxxd" and the middle initial of "L."

8.  He provided copies of the following:

* A State of Illinois birth certificate which shows an individual with the first name of "Lxe," middle name of "Dxxxd," and same last name as the applicant was born on the same date as the applicant
* Order 251-01 issued by the INARNG, on 8 September 2005, discharging him from the INARNG with an effective date of 31 July 2005, the orders list his first name as "Lxe" and middle name as "Dxxxd"
* Orders P-10-589855 issued by the Army Human Resources Command, on 3 October 2005, placing him on the retired list effective 31 July 2005.  The orders list his first name as "Lxe" and the middle initial of "D"
* U.S. Uniform Services Identification Card which lists his first name as "Lxe" and middle name as "Dxxxd"


9.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided instructions for preparation of the DD Form 214.  The regulation stated the DD Form 214 would list the last name, first name, and full middle name or names, if any, of the individual being separated.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows upon his induction into the Army of the United States, the applicant listed his first name as "Lxe" and his middle name as "Dxxxd."  For unknown reasons, when he entered active duty, his first and middle names were inverted.  Documents located in his active duty records confirmed he served in the active Army and in the USAR under the first name of "Dxxxd" and middle name of "Lxe."  Those names are listed in that order on his 1967 DD Form 214 and 1972 USAR discharge orders. 

2.  It appears during his period of service in the INARNG his first and middle names name was correctly listed as "Lxe" and "Dxxxd" respectively.  The first name of "Lxe" and middle name of "Dxxxd" or middle initial of "D" are also listed on his 2005 ARNG discharge and retirement orders.

3.  It is clear that an administrative error was committed during his entry on active duty.  Since his active duty records contain at least one document identifying his first name as "Lxe" and his middle name as "Dxxxd" he should be entitled to correction of his DD Form 214 to show the correct first and middle names. 

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 first and middle names from item 1 of his DD Form 214 and adding a first and a middle name similar to those listed on his DD Form 398.  



      _______ _ 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)                                         AR20130007732



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130007732



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1