IN THE CASE OF:	  

		BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100007711 


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 his middle name on his 8 December 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed from "Wayne" to "Neanon."

2.  The applicant states the incorrect name was due to a typing error.

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.  The applicant's records show he was inducted into the Army of the United States on 5 May 1967.  His record of induction, acknowledgement of service obligation, and request for National Agency Check show his middle name as "Wayne."  His DA Form 20 (Enlisted Qualification Record), Standard Form 93 (Report of Medical History), and numerous orders show his middle initial as "W." 
Additionally, his records show he signed numerous documents using "Wayne" as his middle name and/or "W" as his middle initial.

3.  The applicant was honorably released from active duty on 8 December 1968 after serving 1 year, 7 months, and 4 days.  His DD Form 214 shows his middle name as "Wayne."

4.  The applicant provided a copy of his birth certificate verifying his birth middle name as "Neanon."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military record shows he served in the Army for more than 19 months using "Wayne" as his middle name and/or "W" as his middle initial.  These documents include his record of induction, request for National Agency Check, acknowledgement of service obligation, and numerous orders.  Therefore, the name listed on the applicant's DD Form 214 is correct as constituted.

2.  The Army has an obligation to maintain records as they were constituted at the time of creation for historical purposes.  The fact that the applicant is now submitting a birth certificate showing a different middle name is not sufficient justification to change his military records as they were originally constituted.  However, the applicant should be aware that a copy of this Record of Proceedings will be included in his official military personnel file to show he now uses the middle name of "Neanon" vice "Wayne."

3.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20100007711



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100007711