IN THE CASE OF:	  

		BOARD DATE:	  29 September 2015

		DOCKET NUMBER:  AR20150003087 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his name as J____ W. W______ instead of W_____ J. W______.

2.  The applicant states his name is incorrectly listed on his DD Form 214.

3.  The applicant provides the following evidence in support of his application:

* self-authored request
* DD Form 214
* DA Form 2627-1 (Record of Proceedings Under Article, UCMJ)
* reduction order
* social security card

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.  On 2 June 1970, the applicant enlisted in the Regular Army.  Item 5 (Last Name-First Name-Middle Name) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) contains the name he claims is incorrect.

3.  The majority of the documents contained in his official military personnel file (OMPF) to include the following documents list W_____ W_____, the name that he now claims is incorrect:

* DD Form 398 (Statement of Personal History)
* DA Form 20 (Personnel Qualification Record)
* DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450)

4.  His OMPF also includes the following documents which list J____ W. W_____ the name that he now claims is correct: 

* two DA Forms 2627-1, dated 16 September and 26 October 1971
* DA Form 2692 (Security Termination Statement and Debriefing Certificate)
* DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement)

5.  On 28 January 1972, the applicant was discharged after completing 1 year, 6 months, and 2 days of total active service.  Item 1 of the DD Form 214 issued to him contains the entry "W_____ W. J_____," the name that he claims is incorrect.  Item 21 (Signature of Member Being Separated) shows he authenticated this document by signing the name that he claims is correct.

6.  The applicant submits a copy of his social security card which shows the name he states is correct.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army.  Paragraph 2-4 contains item by item instructions for completion of the DD Form 214.  It states Item 1 will contain the name taken from the Soldier’s personnel record.


DISCUSSION AND CONCLUSIONS:

The evidence of record contains documents that both list the correct and incorrect names of the applicant as he claims.  He provides a copy of his social security card which confirms his correct name is "J____ W. W______."  Therefore, item 1 of his DD Form 214 should be corrected by deleting the current entry and replacing it with the name as it is listed on his social security card.

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 amending his DD Form 214 by deleting the entry from item 1 and replacing it with "J____ W. W______" as listed on his social security card.




      _____________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)                                         AR20150003087





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ABCMR Record of Proceedings (cont)                                         AR20150003087



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