BOARD DATE:	  4 January 2011

		DOCKET NUMBER:  AR20100012157 


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 name and date of birth (DOB) that are recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his surname is misspelled on his separation document.  It shows "D__MAN"; however, it should be "D__MANN."  He also states his DOB is shown as "9 October 1946"; however, it should be 10 September 1946."  He adds that he needs his discharge document corrected so he can obtain veterans' benefits.

3.  The applicant provides copies of his DD Form 214, birth certificate, social security card, and driver's license 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.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 3 July 1968.  It also shows in:

	a.  item 5 (Last Name - First Name - Middle Name), "D__MAN, S____ J____";

	b.  item 21 (Date of Birth), "10 SEP 46" [i.e., 10 September 1946]; and

	c.  item 57 (Oath of Enlistment), "I, S____ J____ D__MAN, do hereby acknowledge…" and the applicant's signature "S____ J____ D__MAN."

3.  A DD Form 4 shows the applicant enlisted in the U.S. Army for a period of 2 years on 4 September 1968.  It also shows in:

	a.  item 5, "D__MAN, S____ J____";

   b.  item 21, "10 SEP 46"; and

   c.  item 57, "I, S____ J____ D__MAN do hereby acknowledge…" and the applicant's signature " S____ J____ D__MAN."

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 1 (Name and Service Number), "D__MAN STEPHEN J";

	b.  item 6 (Date of Birth), "10 SEP 46"; and

	c.  item 47 (Signature of Individual), the applicant signed the document " S____ J. D__MAN" on 10 September 1968.

5.  A DA Form 873 (Certificate of Clearance and/or Security Determination Under Executive Order 10450), shows that "D__MAN, S____ J____," whose DOB is "10 September 1946," was granted a secret clearance on 13 November 1968.



6.  A DA Form 2496 (Disposition Form), dated 16 January 1970, subject:  Early Separation to Attend School, shows the applicant requested a separation date of 7 June 1970 to attend the University of Wisconsin-Milwaukee.  It also shows in the "From" section and "Signature Block" that the applicant typed his name as "S____ J. D__MAN" and signed the document " S____ J. D__MAN."

7.  The applicant's DD Form 214 shows he entered active duty on 4 September 1968, was honorably released from active duty on 8 June 1970 to enter or return to school, and transferred to the USAR Reserve Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 1 year, 9 months, and 5 days of net active service this period.  It also shows in:

	a.  Item 1 (Last Name - First Name - Middle Name), "D__MAN, S____ J____";

	b.  item 9 (Date of Birth), "9 OCT 46" [i.e., 9 October 1946]; and

	c.  item 32 (Signature of Person Being Transferred or Discharged), the applicant signed the document " S____ J____ D__MAN."

8.  In support of his application, the applicant provides the following documents:

	a.  A copy of a State of Wisconsin, Certificate of Birth Record, that shows "S____ J____ D__MANN" was born on "September 10, 1946."  It also shows this document was issued on 16 April 1971 and certified that the information is true and correct as shown on the birth record filed on 8 October 1946.

	b.  A copy of a Social Security Account Number (Card) that shows the applicant's name is recorded as "S____ J____ D__MANN."

	c.  A copy of a Wisconsin Diver License that shows "S____ J. D__MANN" was born on "10 September 1946."

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  It shows for:

		(1)  item 1 - enter last name, first name, and full middle name or names, if any, and

		(2)  item 9 - "Self-explanatory."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the surname and DOB on his DD Form 214 should be corrected because they do not correspond with the surname and DOB on his birth certificate, social security card, or driver's license.

2.  The evidence of record shows the applicant's DOB is 10 September 1946 and that he correctly reported his DOB upon entry in the U.S. Armed Forces.  In addition, his DOB is correctly and consistently recorded in his official military service records as 10 September 1946.  The evidence of record also shows that Army officials incorrectly recorded the applicant's DOB on his separation document.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his correct DOB.

3.  The evidence of record shows that upon entry in the U.S. Armed Forces the applicant reported his surname as "D__MAN."  The evidence of record also shows this surname was accurately and consistently recorded in his official military service records, including on his DD Form 214 when he was released from active duty.  Moreover, the signature on his separation document clearly shows the applicant signed the document "S____ J____ D__MAN."

4.  The applicant's surname on his birth certificate, social security card, and driver's license is recorded as "S____ J____ D__MANN."

5.  It is not clear why the applicant's surname on the documents he provides to this Board does not correspond to the surname on the documents in his official military service records.  Nonetheless, the evidence of record shows that throughout the entire period of his military service that is under review, on 


numerous occasions, the applicant verified with his signature the surname "D__MAN" as being his true and correct surname.

6.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, it is concluded that the documents provided by the applicant are insufficient evidence to warrant a change to the surname in his official military service records and separation document.

7.  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.  The applicant's military service records clearly show that he either preferred or elected to use the name "S____ J____ D__MAN" during his military service and with no intent to defraud.  Thus, in view of the foregoing, there is no basis for granting the applicant's request to change his name in his military service records or his separation document because his military service records accurately reflect the conditions and circumstances that existed during the period of his military service.  Therefore, the applicant is not entitled to correction of his records in this instance.  However, as a matter of record, a copy of this Record of Proceedings will be filed in the applicant's military service records showing the apparent inconsistency (i.e., between his civilian and military records) in the spelling of his surname.

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 deleting from item 9 of his DD Form 214 the entry "9 OCT 46" and adding to item 9 the entry "10 SEP 46."

2.  The Board further determined 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 the applicant's surname.




      ___________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)                                         AR20100012157



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100012157



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1