IN THE CASE OF:	  

		BOARD DATE:	  11 December 2014

		DOCKET NUMBER:  AR20140007343 


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 item 1 (Last Name - First Name - Middle Name) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the first and middle names of "Thomas" and "Allen" instead of "Allen" and "Thomas."

2.  The applicant states his legal name is "Thomas Allen Rxxxxx."  

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.


2.  The applicant was inducted into the Army of the United States (AUS) on 16 April 1969.  His records contain the following:

* DD Form 47 (Record of Induction), dated 16 April 1969, which lists his first and middle names as "Allen" and "Thomas"
* Special Orders Number 73, dated 16 April 1969, which lists his first name as "Allen" and the initial "T" for his middle name
* DD Form 398 (Statement of Personal History), dated 7 July 1969, which lists in:

* Item 1 (First Name - Middle Name - Maiden Name (if any) - Last Name) - his first and middle names as "Thomas" and "Allen"
* Item 20 (Signature of Person Completing Form) - his first name as "Allen" and no middle name

* DA Form 41 (Record of Emergency Data), dated 30 October 1970, which lists his first and middle names as "Allen" and "Thomas" and his signature showing his first and middle names as "Allen" and "Thomas"
* DA Form 20 (Enlisted Qualification Record), dated 30 October 1970, which lists his first name as "Allen" and the initial "T" for his middle name

3.  He was honorably released from active duty on 16 March 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group.  His DD Form 214 lists in:

* Item 1 - his first and middle names as "Allen" and "Thomas"
* Item 32 (Signature of Person Being Transferred or Discharged) - his first and middle names as "Allen" and "Thomas"

4.  Orders Number 03-1091236, issued by the USAR Components Personnel and Administration Center, on 25 March 1975, discharged him from the USAR on 1 April 1975.  The orders list his first name as "Allen" and the initial "T" for his middle name.

5.  He provided a copy of a birth certificate, issued on 14 June 2013, which identifies an individual with the first and middle names of "Thomas" and "Allen" and the same last name of record as the applicant.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated item 1 would list the last name, first name, and full middle name or names, if any.
DISCUSSION AND CONCLUSIONS:

The applicant's DD Form 398 shows his first and middle names are "Thomas" and Allen."  It appears his first and middle names were reversed in order during his period of service.  His DD Form 214 contains a typographical error wherein his first and middle names are shown as "Allen" and "Thomas."  Therefore, item 1 of his DD Form 214 should be corrected to show his first and middle names as "Thomas" and "Allen" as listed on his DD Form 398.

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 showing in item 1 of his DD Form 214 his first and middle names as "Thomas" and "Allen" instead of "Allen" and "Thomas."



      _______ _   __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)                                         AR20140007343





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ABCMR Record of Proceedings (cont)                                         AR20140007343



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