BOARD DATE:	  4 September 2014

		DOCKET NUMBER:  AR20140001553 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his first name is spelled as “Wendell” and that his place of birth is Conway, Arkansas.

2.  The applicant states that his DD Form 214 incorrectly reflects his first name as “Wendall” and his place of birth as Conway, Alaska (AK).  He continues by stating that the spelling error started out by mistake and was never corrected. 

3.  The applicant provides copies of his DD Form 214 and 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 was born in Conway, AR and enlisted in the Regular Army on 14 October 1966 for a period of 3 years and training as a track vehicle mechanic.  At the time he enlisted he did so under the first name of “Wendall” and signed his enlistment contract and all associated documents accordingly. 

3.  He completed all of his training at Fort Polk, LA and was transferred to Fort Hood, TX.

4.  On 11 April 1967, he was transferred to Vietnam with his unit and served there until 10 April 1968 when he was transferred to Fort Bliss, TX.

5.  On 13 October 1969, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  Item 8 (Place of Birth) on his DD Form 214 issued at the time of his REFRAD shows that his first name was spelled as “WENDALL” and that his place of birth was “Conway, AK."

6.  A review of his official records shows that the applicant used the first name of “Wendall” throughout his entire period of service and signed documents accordingly.  There is no indication that he used the name of “Wendell” at any point during his service.

7.  Army Regulation 635-8 (Separation Processing and Documents) serves as the authority for preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was born in Arkansas (AR); however, his DD Form 214 shows he was born in Alaska (AK).  Accordingly, item 8 of his DD Form 214 should be corrected to show his place of birth as “Conway, AR.”

2.  A review of the applicant's official records shows he served his entire period of active duty under the first name recorded on his DD Form 214.

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 material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now change his first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  Accordingly, there is no basis for granting the applicant's request to change the first name on his DD Form 214. 

4.  The applicant is advised that a copy of this decisional document will be filed in his military records.  This should serve to clarify any questions or confusion regarding the difference in the first name recorded in his military records and to satisfy his desire to have the name shown on his birth certificate documented in his records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the entry “Conway, AK” from item 8 of his DD Form 214
* Entering the entry “Conway, AR” in item 8 of his DD Form 214

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the spelling of his first name to “WENDELL."



      __________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)                                         AR20140001553





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ABCMR Record of Proceedings (cont)                                         AR20140001553



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