BOARD DATE:	  21 April 2015

		DOCKET NUMBER:  AR20140016114 


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 (Report of Separation from Active Duty) to show his middle name as Doxxxx vice Daxxx.

2.  The applicant states his DD Form 214 shows an incorrect middle name.

3.  The applicant provides his DD Form 214, birth certificate, and driver license.

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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 5 January 1976.  His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 5 January 1976, shows his middle name as Doxxxx.  He was discharged from the DEP on 20 January 1976.

3.  On 21 January 1976, he enlisted in the Regular Army (RA).  Page 4 of his DD Form 4, dated 21 January 1976, shows his middle name as Doxxxx.  He authenticated this form by placing his signature in the appropriate block using the middle name of Doxxxx. 

4.  The DA Form 2-1 (Personnel Qualification Record) created upon his entry on active duty shows his middle name as Doxxxx.  

5.  His record contains numerous orders, personnel, medical, and legal documents that all show his middle name as Doxxxx.  He authenticated many of these forms by placing his signature in the appropriate block using this middle name.  

6.  He was honorably released from active duty on 19 January 1979 and he was transferred to the USAR.  Item 1 (Name (Last, First, Middle)) of the DD Form 214 he was issued shows his middle name as Daxxx.

7.  The applicant provides his birth certificate and driver license that both show his middle name as Doxxxx.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms that upon the applicant's enlistment in the USAR DEP and RA, he listed his middle name as Doxxxx.  This is the middle name he used throughout his military service.  It is evident an error occurred during the preparation of his DD Form 214 when his middle name was listed as Daxxx.  Therefore, he is entitled to correction of his DD Form 214 to show his correct middle name.

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 the middle name from item 1 of the DD Form 214 and replacing it with the middle name that is shown on his DD Form 4.



      _______ _  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)                                         AR20140016114



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ABCMR Record of Proceedings (cont)                                         AR20140016114



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