IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150009014 BOARD VOTE: ____x____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150009014 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the existing first name in item 1 of his DD Form 214 and adding the first name "Peter." _____________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. IN THE CASE OF: BOARD DATE: 3 May 2016 DOCKET NUMBER: AR20150009014 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 the first name on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) from "Klenn" to "Peter." 2. The applicant states his first name was changed on his military records prior to discharge and the issuance of his DD Form 214; therefore, it should be corrected to conform to his military records. 3. The applicant provides his DD Form 214, State of Wisconsin Certificate of Birth, National Personnel Records Center letter, and Letter Orders Number 02-1049437. 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 military records show he was inducted into the Army of the United States (AUS) on 1 April 1969. His DD Form 47 (Record of Induction) listed his first name as "Klenn." 3. On 31 October 1969, he completed a DD Form 398 (Statement of Personal History). In item 1 (First Name, Middle Name –Maiden Name (if any), Last Name) he listed his first name as "Klenn." However, in item 3 (Alias(es), Nicknames(s), or Changes in Name) he listed his first name as "Peter." 4. He was honorably released from active duty on 6 November 1970 and transferred to the U.S. Army Reserve (USAR) Control Group to complete his remaining service obligation. Item 1 of his DD Form 214 shows his first name as "Klenn." He also signed this form using this name. 5. On 8 February 1971, a State of Wisconsin Court Order legally changed the applicant’s first name to "Peter." 6. On 31 January 1972, a DD Form 1343 (Notification of Change in Service Member’s Official Records) was issued correcting the applicant’s entire military record to reflect his first name as "Peter" vice "Klenn." 7. On 26 February 1975, Letter Orders Number 02-1049437 were published discharging the applicant from the United States Army Reserve with the first name of "Peter." 8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form be complete and accurate. DISCUSSION: Even though the applicant used the first name of “Klenn” when he served on active duty, he indicated that his alias was “Peter.” Later he legally changed his first name to “Peter” and his official records were changed to show his first name as “Peter.” He was also discharged from the USAR with the first name of “Peter.” Therefore, it appears his DD Form 214 should be corrected to show his first name as “Peter” in the interest of maintaining regularity in records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009014 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009014 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2