IN THE CASE OF:	  

		BOARD DATE:	  4 February 2014

		DOCKET NUMBER:  AR20130010829


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 256A (Honorable Discharge Certificate) to show his first name as "Keith" versus "Kenneth."

2.  The applicant states the incorrect entry is the result of a clerical error.

3.  The applicant provides his DD Form 256A.

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 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.  On 22 April 1966, prior to his induction into the Army of the United States (AUS), he completed a DD Form 98 (Armed Forces Security Questionnaire), on which he indicated his first name was "Keith."  He authenticated this form by placing his signature in the appropriate place using this first name.

3.  On 14 November 1966, he was inducted into the AUS.  His first name, as shown in item 1 (Last Name, First Name, Middle Name) on his DD Form 47 (Record of Induction), was typed as "Kenneth"; however, that name was crossed out in ink and the name "Keith" was hand-written in its place.  Allied documents associated with the DD Form 47 show his first name as "Keith."

4.  Special Orders Number 225, issued by the Armed Forces Examining and Entrance Station, Detroit, MI, dated 14 November 1966, ordered his induction into the AUS effective 14 November 1966.  These orders show his first name as "Keith."

5.  He entered active duty, completed his initial entry training, and was awarded military occupational specialty 11B (Light Weapons Infantryman).

6.  On 1 February 1968, he was promoted to the rank/grade of sergeant/E-5.

7.  On 13 November 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR).  Item 1 (Last Name – First Name – Middle Name) of his DD Form 214 shows his first name as "Keith."  He authenticated this document by placing his full signature in the appropriate block, signing his first name as "Keith."

8.  Letter Orders Number 10-1430511, issued by the USAR Components Personnel and Administration Center, St. Louis, MO, on 18 October 1972, discharged him from the USAR effective 13 November 1972.  These orders show his first name as "Kenneth."

9.  On 13 November 1972, an Honorable Discharge Certificate was prepared for the applicant.  This document shows his first name as "Kenneth," with the same service number as shown on his discharge orders.

10.  The documents contained within his DA Form 201 (Military Personnel Records Jacket) identify his first name as "Keith," with the noted exception of his USAR discharge orders and his Honorable Discharge Certificate.  When necessary, he authenticated these documents by placing his full signature in the appropriate block, indicating his name was correct.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his Honorable Discharge Certificate to show his first name as "Keith" versus "Kenneth" was carefully considered and it was determined to have merit.

2.  The evidence of record shows upon his induction into the AUS, the applicant identified his first name as "Keith."  This first name is consistent with the first name found on the majority of documents contained in his MPRJ throughout his entire period of military service.  He authenticated many documents by placing his full signature in the appropriate block, indicating his name was correct.

3.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  

4.  It appears his first name is incorrectly listed on his Honorable Discharge Certificate; therefore, it would be appropriate to correct this document to show his first name as "Keith," consistent with his induction documents and the majority of the documents in his record.

5.  In view of the foregoing, his Honorable Discharge Certificate should be corrected to show his first name as "Keith."

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  


issuing him a new DD Form 256A that shows his first name as "Keith" instead of "Kenneth."




      ___________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)                                         AR20100016576



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ABCMR Record of Proceedings (cont)                                         AR20130010829



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