BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160000989 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 BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160000989 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 from item 1 of his DD Form 214 the existing first and middle names and adding the first and middle names shown on his U.S. Passport * deleting from item 6 the existing date of birth and replacing it with the date of birth shown on his U.S. Passport ____________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. BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160000989 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 first and middle names as James Vincent instead of Vincent James, and his date of birth (DOB) as 29 instead of 23 . 2. The applicant states there was miscommunication when he entered the service. 3. The applicant provides a copy of his passport. 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 underwent a physical examination for enlistment in the Iowa Army National Guard (IAARNG), on 24 June 1965. Both, his Report of Medical History and Report of Medical Examination listed his first name as Vincent and his middle name as James. Both forms also listed his DOB as 23 . 3. He enlisted in the IAARNG on 25 June 1965. Item 1 (Last Name-First Name- Middle Name) of his DD Form 4 (Enlistment Record) listed his first name as Vincent and his middle name as James. It also listed his DOB as 23 . He signed this contract using the first name as James and the middle name as Vincent. 4. On 18 July 1966, Headquarters, IAARNG published Letter Orders 7-6 ordering him to active duty. The orders listed his first name as Vincent and his middle name as James. 5. On 28 July 1966, he signed a Statement in Lieu of Current Medical Examination indicating he believed he was medically qualified to perform satisfactory military service. He signed this statement using the first name Vincent and the middle name James. 6. He underwent a medical examination on 18 August 1966 for entry on active duty. Both, his Report of Medical History and Report of Medical Examination listed his first name as Vincent and his middle name as James. Both forms also listed his DOB as 23 . 7. He underwent a separation physical on 12 January 1967. Both, his Report of Medical History and Report of Medical Examination listed his first name as Vincent and his middle name as James. However, these same forms listed his DOB as 29 . 8. Special Orders Number 017, issued by Headquarters, Fort Polk, LA on 18 January 1967 released him from active duty on 29 January 1967. The orders listed his first name as Vincent and his middle initial "J." 9. He was honorably released from active duty on 29 January 1967. His DD Form 214 shows in: * Item 1 (Last Name-First Name- Middle Name) listed his first name as Vincent and his middle name as James; he authenticated this form with his signature using the listed first and middle names * Item 6 (DOB) listed his DOB as 23 10. He provides a U.S. Passport showing his first name as James and middle name as Vincent, and showing his DOB as 29 . REFERENCE: Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It states items 1 and 6 show the full name and date of birth respectively and are taken from the service record. DISCUSSION: The applicant served on active duty as a member of the IAARNG from 15 August 1966 to 29 January 1967. A mix up with the name and DOB occurred when his DD Form 214 was processed: a. When he first enlisted in the ARNG on 25 June 1965, he did not type the DD Form 4; his recruiter did. The applicant simply signed where he was told to sign. The recruiter listed the first name as Vincent and the middle name as James. The applicant signed the contract using the first name as James and the middle name Vincent. b. Although his initial enlistment medical history and medical examination forms also contained incorrect DOB as 23 and names, again, the applicant did not type these forms. When his separation medical history and medical examination forms were processed, they listed his DOB as 29 and the incorrect first and middle names. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000989 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000989 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2