IN THE CASE OF:	  

		BOARD DATE:	  17 June 2014

		DOCKET NUMBER:  AR20130018051 


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 middle name as Dwayne.

2.  The applicant states:

* his DD Form 214 has his middle name listed incorrectly
* the correct middle name is Dwayne, not Wayne
* his birth certificate clearly shows his middle name as Dwayne 

3.  The applicant provides:

* birth certificate
* DD Form 214

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's record contains a DD Form 398 (Statement of Personal History), dated 9 April 1970, that he completed during his induction processing that shows he listed his middle name as Dwayne.

3.  He was inducted into the Army of the United States on 9 April 1970.  He served as a light weapons infantryman in Vietnam and he was honorably released from active duty on 8 December 1971. 

4.  Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his middle name is Wayne.

5.  He provides his birth certificate that shows his middle name as Dwayne.
 
DISCUSSION AND CONCLUSIONS:

The applicant contends his middle name is Dwayne and his DD Form 398 and birth certificate support this contention.  Based on the foregoing, it appears an administrative error occurred during preparation of his DD Form 214 resulting in his middle name being listed as Wayne instead of Dwayne.  Therefore, it would be appropriate at this time to correct item 1 of his DD Form 214 to show his middle name as Dwayne.

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 deleting from item 1 of his DD Form 214 the current middle name entry and replacing it with the middle name entry as “Dwayne” 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)                                         AR20130018051





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ABCMR Record of Proceedings (cont)                                         AR20130018051



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