IN THE CASE OF:
BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100019485
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his first name as "Donell" instead of "Darnell."
2. He states his name was misspelled.
3. He provides a copy of his State of Texas birth certificate, issued on 2 March 2010.
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 enlisted in the Regular Army on 12 October 1967 for a period of 2 years. His Official Military Personnel File (OMPF) contains the following documents:
* a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 12 October 1967
* a 4RD Form 41 (Acknowledgement of Service Obligation Under UMT & S Act as Amended by Reserve Forces Act of 1955 and Rep 63 Program), dated 12 October 1967
* a DA Form 428 (Application for Identification Card), dated 13 October 1967
* a DD Form 1584 (National Agency Check Request), dated 13 October 1967
* numerous orders showing his first name as "Darnell"
The above documents and all other documents contained in his OMPF requiring a signature show he signed the documents using the first name "Darnell."
3. He was honorably released from active duty on 29 August 1969 after serving 1 year, 8 months, and 5 days of total active service. The first name on his DD Form 214 is shown as "Darnell" and the applicant signed this document with the same first name.
4. He provided a copy of his birth certificate verifying his birth first name as "Donell."
DISCUSSION AND CONCLUSIONS:
1. The applicant's military record shows he served in the Army for more than 20 months using "Darnell" as his first name. These documents include his enlistment record, request for National Agency Check, acknowledgement of service obligation, identification card application, and numerous orders. Therefore, the name listed on this DD Form 214 is correct as constituted.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should 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, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct first name, will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the first name recorded in his military record and to satisfy his desire to have his correct first name documented in his OMPF.
4. In view of the foregoing, there is no basis for granting his requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ __X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20100019485
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ABCMR Record of Proceedings (cont) AR20100019485
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