IN THE CASE OF:	  

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140004889 


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 reconsideration of his request for correction of the name that is recorded in his military records.  Additionally, he requests correction of the date of birth (DOB) that is recorded in his military records.

2.  The applicant states the first and middle names in his military records are incorrect in that they are transposed.  He states that his name is "John Charles K-----" not "Charles John K-----."  He also states that his DOB is "13 October XXXX," not "23 October XXXX." 

3.  The applicant provides a copy of the same document he provided with his original application (i.e., his State of Minnesota, County of Stearns, St. Cloud, City, Certificate of Live Birth).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100028613, on 7 July 2011.

2.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the U.S. Army on 14 October 1965.  It shows in –

* item 1 (Last Name - First Name - Middle Name):  "K-----, Charles John"
* item 5 (DOB):  "13 Oct XX"
3.  A DA Form 20 (Enlisted Qualification Record) shows in –

* item 1 (Name):  "K------, Charles J"
* item 6 (DOB):  "13 Oct XX"
* item 47 (Signature of Individual), the applicant's signature (i.e., "Charles J. K-----")

4.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered active duty on 14 October 1965, was honorably released from active duty on 26 September 1967, and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  It also shows in –

* item 1 (Last Name - First Name - Middle Name):  "K-----, CHARLES JOHN"
* item 9 (DOB) – "23 Oct XX"
* item 32 (Signature of Person Being Transferred or Discharged), the applicant's signature (i.e., "Charles John K-----").

5.  In support of his request, the applicant provides a copy of a State of Minnesota, Certificate of Live Birth, that shows "JOHN CHARLES K-----" was born on "October 13, XXXX."  This document was certified by the Local Registrar on 28 July 2000 as a "True Copy" of the original record filed in the County of Stearns, St. Cloud City, MN.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

   b.  The instructions for –

* item 1 state "enter last name, first name, and full middle name or names, if any"
* item 9, "self-explanatory"
DISCUSSION AND CONCLUSIONS:

1.  The applicant's Certificate of Live Birth shows the name "John Charles K-----" and a DOB of 13 October XXXX.

2.  The available evidence shows the applicant's records for his entire period of his military service show his name as "Charles John K------" and that this reported name was consistently recorded in his official military service records, including on his DD Form 214.

   a.  On numerous occasions during his military service, the applicant authenticated official documents with the above name and signature.  

   b.  He provides no new or probative evidence that was not considered by the Board in his original request for correction of the name in his military records.

   c.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant is insufficient evidence to warrant a change of the name in his official military service records.

3.  The available evidence shows the applicant's DOB is 13 October XXXX and that his DOB is correctly recorded in his military service records.  However, it appears the applicant's DOB was incorrectly recorded on his DD Form 214 due to an administrative error.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show his correct DOB.

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.  

2.  In regard to the new issue, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry in item 9 of his DD Form 214 and replacing it with the DOB shown on his Certificate of Live Birth.

3.  In regard to the request for reconsideration, the Board further determined that the evidence presented does not demonstrate the existence of a probable error or injustice with respect to the individual's name.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100028613, dated 7 July 2011.



      ___________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)                                         AR20140004889



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ABCMR Record of Proceedings (cont)                                         AR20140004889



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