RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 December 2007
DOCKET NUMBER: AR20070010103
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mr. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Ms. Eloise C. Prendergast
Member
Mr. James R. Hastie
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his military records to show his last name as "D**ies" instead of "D**is".
2. The applicant states that the name change is needed for eligibility for future burial at a national cemetery.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a copy of his Honorable Discharge Certificate; and a copy of Letter Orders, dated 31 January 1963, titled: Discharge from the United States Army Reserve (USAR).
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 applicants 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 applicants 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 complete military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, those remaining documents together with the applicant's submitted documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows that he enlisted in the Regular Army in Newark, New Jersey, on 28 February 1955. He was honorably discharged and transferred to the U.S. Army Reserve (USAR) Control Group on 31 January 1958. This form correctly shows the applicant's last name as "D**ies."
4. On 31 January 1963, Office of the Adjutant General, St. Louis, Missouri, published Letter Orders honorably discharging the applicant from the USAR Control Group effective 31 January 1963. However, the Letter Orders incorrectly listed the applicant's last name as "D**is." He was also issued an Honorable Discharge Certificate that incorrectly listed his last name as "D**is."
5. On 21 September 2007, U.S. Army Human Resources Command, St. Louis, Missouri, issued the applicant a new Honorable Discharge Certificate reflecting his correct last name (D**ies.").
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his military records be corrected to show his last name as "D**ies" instead of "D**is."
2. Evidence of record shows that the applicant served under the last name D**ies. The applicant's birth certificate shows his last name as "D**ies." Therefore, the Letter Orders, dated 31 January 1963, discharging the applicant from the USAR Control Group are not consistent with the applicant's name at that time.
3. In view of the evidence provided, the applicant is entitled to correction of his Letter Orders discharging him from the USAR Control Group as well as the Honorable Discharge Certificate to be corrected to show his last name as "D**ies."
BOARD VOTE:
__lds___ __ecp___ __jrh___ 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 amending Letter Orders dated 31 January 1963 to show the applicant's last name as "D**ies" and correction to his Honorable Discharge Certificate.
Linda D. Simmons
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070010103
SUFFIX
RECON
DATE BOARDED
20071204
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
( GRANT)
REVIEW AUTHORITY
ISSUES 1.
100.0100
2.
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070006784
The applicant requests, in effect, that item 9 (Command to Which Transferred), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), be corrected. It states, in pertinent part, that item 9 (Command to Which Transferred) will be completed to show the entry of "NA" when the applicant is placed on the AUS (Army of the United States) Retired List and not transferred to the Retired Reserve (applicable to RA enlisted (with 30 or more years AFS (Active Federal Service)); or...
ARMY | BCMR | CY2006 | 20060008542
The applicant requests, in effect, his records be corrected to show he completed 20 qualifying years of service for a non-regular retirement and that he be issued a 20-year letter. His discharge order from AR-PERCEN, St. Louis, shows reason as "Completed 20 or more Years Reserve Duty." In a 6 June 2006 letter from HRC-St. Louis, the applicant was informed that he was never issued a 20-year letter, only an order that incorrectly notified him that he had 20 years of service.
ARMY | BCMR | CY2005 | 20050007528C070206
Rea M. Nuppenau | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Item 20 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 27 August 2004 does not show he was awarded the Army Good Conduct Medal (1st Award). There is no evidence the applicant received the Army Good Conduct Medal (1st Award).
ARMY | BCMR | CY2002 | 2002078724C070215
The applicant states he was discharged from the US Army Reserve (USAR) and was not provided the opportunity to transfer to the Retired Reserve. The Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual does not need to have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a minimum of 20...
ARMY | BCMR | CY2006 | 20060007234C070205
The applicant requests, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his dates of service in Vietnam during the period 7 July 1963 to 27 December 1963. The applicant provides temporary duty (TDY) orders, dated 24 June 1963; orders for the Purple Heart, dated 8 October 1963; orders for the Combat Infantryman Badge, dated 11 November 1963; and a DD Form 214 for the period ending 23 June 1964. However, evidence of record shows the applicant served in...
ARMY | BCMR | CY2005 | 20050003159C070206
The applicant requests, in effect, that the active duty entry date be changed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with the ending period 5 October 1980. A DD Form 4c, dated 4 January 1977, shows that the applicant was discharged from the USAR on 3 January 1977 and enlisted in the Regular Army. Item 29 (Dates of Time Lost During This Period) shows the entry "780820-780821."
ARMY | BCMR | CY2007 | 20070003200C071029
The applicant’s National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 31 August 1992 shows he was honorably discharged from the ARNG and transferred to the U. S. Army Reserve Control Group (Reinforcement) by reason of resignation from the ARNG. The applicant’s request to resign from the ARNG is not available; therefore it cannot be determined if there is a Government error or injustice in this case. However, the additional instructions in...
ARMY | BCMR | CY2005 | 20050006666C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 January 2006 DOCKET NUMBER: AR20050006666 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2006 | 20060005814
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 February 2007 DOCKET NUMBER: AR20060005814 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that his DD Form 214 (Report of Transfer or Discharge) be corrected to reflect his period of service in Vietnam. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2005 | 20050007182C070206
The applicant requests, in effect, his DD Form 214 (Armed Forces of the united States Report of Transfer or Discharge), dated 2 September 1965 be corrected to show his Social Security Account Number (SSAN), his height and weight and award of the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 Rifle as shown in his records. Evidence of record shows when the applicant's entered the service his SSAN was xxx-xx-xxx8. The applicant's available service records...