IN THE CASE OF:	  

		BOARD DATE:	       10 MARCH 2009

		DOCKET NUMBER:  AR20080014324 


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 that items 1 (Name) and 11 (Primary Specialty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 May 2002 be corrected.

2.  The applicant states that his middle name is Darvell not Darnell and that military occupational specialty (MOS) 31R (multichannel transmission system operator) was left off of item 11 on this DD Form 214.  He contends that he had three MOSs while in the Army.  He also claims that he is having his military education transferred to college credits and that he needs his military training correctly listed on this DD Form 214.   

3.  The applicant provides a certification of birth registration; his Social Security card; his Texas Driver License; a DA Form 5286-1-R (Individual Training Record Continuation Sheet); a Certificate of Signal Corps (Regimental) Affiliation; a diploma; a certificate of training; and a DD Form 214 for the period ending 5 May 2002 in support of his application.

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 enlistment contract shows his middle name is spelled Darnell and he signed the middle name Darnell in several places on this contract.  He enlisted in the Regular Army on 10 April 1996 for a period of 4 years.  He was honorably discharged on 5 May 1999 for immediate reenlistment.  He reenlisted on 6 May 1999 for a period of 3 years.  His reenlistment contract also shows his middle name is spelled Darnell and he signed the middle name Darnell in several places on this contract.

3.  Item 1 on the applicant’s DD Form 214 for the period ending 5 May 2002 shows his middle name is Darnell.  Item 11 on this DD Form 214 shows he served 5 years and 9 months in MOS 31P and he served 6 years and 1 month in MOS 19K.  Item 14 (Military Education) on this DD Form 214 shows he completed the 13-week Multichannel Transmission Systems Operator Course in 1996.    

4.  In support of his claim to change his middle name, the applicant provided a certification of birth registration, a Social Security card, and his Texas Driver License which show his middle name is Darvell.

5.  In support of his claim to correct item 11 on his DD Form 214 for the period ending 5 May 2002, the applicant provided a diploma which shows he completed the 13-week Multichannel Transmission Systems Course on 19 August 1996.

6.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation also provides, in pertinent part, that MOS codes, titles, years, and months would be entered in item 11.  




DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.  

2.  Although the certification of birth registration, the Social Security card, and the Texas Driver License provided by the applicant show the middle name Darvell, his enlistment contracts and his signature on these enlistment contracts show the middle name Darnell and he signed his middle name as such.  It appears he appropriately served on and was discharged from active duty under the middle name Darnell.  While it is understood that the applicant desires to have the records changed, there is no basis for compromising the integrity of the Army's records, in particular, the applicant’s DD Form 214.  This Board action will be filed in the applicant’s Official Military Personnel File (OMPF) so a record of his correct birth middle name will be on hand.

3.  Although there is no evidence of record to show the applicant held MOS 31R from 1996 to 2002, it is reasonable to presume that he did.  The diploma provided by the applicant and the entry in item 14 on his DD Form 214 which show he completed the 13-week Multichannel Transmission Systems Course in August 1996 are accepted as sufficient evidence on which to amend item 11 on his DD Form 214.  Therefore, item 11 on his DD Form 214 should be corrected to show he held MOS 31R for 5 years and 9 months.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 11 on his DD Form 214 to show he held MOS 31R for 5 years and 9 months.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 
denial of so much of the application that pertains to amending item 1 on his DD Form 214 for the period ending 5 May 2002.



      ________XXX______________
               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)                                         AR20080014324



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ABCMR Record of Proceedings (cont)                                         AR20080014324



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