IN THE CASE OF:	  

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130018372 


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 records to show his first name as "Kermith" instead of "Kenneth."  He also indicates there is a problem with his weight and length of military service.

2.  The applicant states, in effect, his first name is misspelled in his Official Military Personnel File (OMPF).  He makes no statement concerning what he believes to be wrong with his weight or length of service.

3.  The applicant provides no additional evidence.

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 enlisted in the Regular Army on 31 July 1973.  On his 
DD Form 4 (Enlistment Contract) he spelled and signed his first name as "Kenneth."

3.  A Standard Form 88 (Report of Medical Examination) dated 31 July 1973 states the applicant was authorized to weigh 208 pounds, but he was 220 pounds, which was 12 pounds overweight.  Therefore, he was found not medically qualified for enlistment/induction.  In 1975, a DA Form 2475-2 (Personnel Data - SIDPERS) shows he weighed 190 pounds, which was within standard.

4.  The applicant's OMPF contains a DA Form 2627 (Record of Proceedings Under Article 15), dated 6 January 1975.  On this form he signed his first name "Kennith."

5.  His OMPF contains a DA Form 2496, dated 16 September 1975.  On this form it appears he signed his first name "Kermith."

6.  The applicant was discharged on 3 November 1975.  Although he was unavailable to sign his DD Form 214, his first name is typed on the form and it is spelled "Kenneth."

7.  The applicant provides no independent evidence of the correct spelling of his first name.  However, throughout his entire record, his name is typewritten as "Kenneth."  The spelling only differs with his signature.

8.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.

2.  The available evidence shows when the applicant initially enlisted in the RA he spelled his first name as "Kenneth."  He also spelled his first name two other ways on documents contained in his OMPF.  He has submitted no independent evidence to corroborate his contention.

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.  In the absence of a showing of proper documentation, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to have the spelling of his first name listed in his OMPF as he now lists it, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document will be filed in his OMPF.  This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his OMPF and to satisfy his desire to have his first name documented as he now lists it.

5.  The applicant has not clearly stated what he believes to be wrong with his weight and length of service as recorded in his military records.  A review of his records show that while he was not within the authorized weight limit at the time of his enlistment, he did lose a sufficient amount of weight to be within the standard guidelines.  A review of his service dates failed to show any irregularities.

6.  In view of the foregoing, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 







are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20130018372



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ABCMR Record of Proceedings (cont)                                         AR20130018372



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