IN THE CASE OF:	  

		BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140003900 


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 214 (Certificate of Release or Discharge from Active Duty) to show his correct name.

2.  The applicant states that his birth name is "Anthony Carl P-------."  However, his name is incorrectly recorded on his separation document as "Carl Anthony
P-------."

3.  The applicant provides a copy 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.  A review of the applicant's military personnel records revealed the following:

   a.  A Chatham County Health Department, Bureau of Vital Records, Savannah, GA, card, issued on 7 June 1976, B.C. (Birth Certificate) Number 302-1611, filed in 1960, that shows the applicant's birth name as "Anthony Carl P-------."  It also shows the card is a true certification of the name and birth facts recorded in the office.

   b.  A Social Security card that shows his name as "Carl P-------."

   c.  A Herschel V. Jenkins, High School Diploma, issued on 7 June 1979, that shows his name as "Carl Anthony P-------."

3.  The applicant's DD Form 1966 (Application for Enlistment – Armed Forces of the United States), completed during his enlistment processing, certified by him on 29 July 1980 and recertified on 21 August 1980, shows in:

   a.  section I (Personal Data), block 2 (Name - Last, First, Middle), his name as "P-------, Carl Anthony;"

   b.  section V (Certifications), item 40 (Data Verification by Recruiter), block a (Name), shows "Birth Certificate"; and

   c.  section X (Statement of Name for Official Military Records), item 48, If Preferred Enlistment Name (name given in block 2) is not the same as on your birth certificate and it has not been changed by legal procedure prescribed by state law, complete the following:  three entries indicating "N/A" (Not Applicable).

   d.  The applicant and recruiter placed their signatures on the document.

4.  The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 5 August 1980 and he further enlisted in the Regular Army on        21 August 1980 under the name "Carl Anthony P-------."

5.  A DD Form 214 shows the applicant was honorably released from active duty on 13 August 1984 and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  It also shows in:

	a.  item 1 (Name - Last, First, Middle), "P-------, Carl Anthony," and



	b.  item 29 (Signature of Person Being Separated), the applicant signed the document with that first name, middle initial, and last name.

6.  A review of the applicant's military personnel records failed to reveal any evidence that a correction was made to the name recorded in his records.

7.  In support of his application the applicant provides a copy of a Georgia State Department of Health, Certificate of Live Birth, that shows the applicant's birth name as "Anthony Carl P-------."  It also shows the document was filed in 1960.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the name recorded in his military service records should be corrected because it does not correspond with the name on his birth certificate.

2.  The evidence of record shows that upon processing for entry into military service the applicant provided a copy of a Chatham County Health Department Bureau of Vital Records, Savannah, GA, card, issued on 7 June 1976, that certified his birth name was "Anthony Carl P-------."  At that same time, he provided a copy of his Social Security card and high school diploma that show his name as "Carl (Anthony) P-------."

3.  The DD Form 1966 allows the applicant to provide an explanation in item 48, if the preferred enlistment name is not the same as on his/her birth certificate.  In this case the applicant did not assert the use of a preferred name in lieu of his birth name and the recruiter did not require the matter be addressed because the item contains the entry "N/A."  Thus, it is reasonable to conclude that the applicant should have been enlisted using his birth name, but he was not because the other two documents he provided to the recruiter had his first and middle names transposed.

4.  His enlistment documents were prepared with the name "Carl Anthony
P------."  Thus, it appears the applicant's name was incorrectly recorded on his enlistment documents and in his military records due to an administrative error.  Therefore, it would be appropriate at this time to correct his military records to show his correct name.


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:

   a.  filing a copy of this decisional document, which confirms his correct birth name, in his Official Military Personnel File, and

   b.  deleting from item 1 of his DD Form 214 the current entry and replacing it with the entry as shown on his Birth Certificate.



      ____________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)                                         AR20140003900



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ABCMR Record of Proceedings (cont)                                         AR20140003900



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