BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110005309 


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 change:

* the spelling of his last name from "Dxxxtch" to "Dxxxatche" 
* his entry date from 1975 to 1974
* his discharge date from 1976 to 1977

2.  The applicant states his name was misspelled and his dates of entry and discharge are incorrect. 

3.  The applicant did not provide any evidence.

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.  Prior to his enlistment, the applicant completed a DD Form 398 (Statement of Personal History) on 3 July 1974.  He indicated that his last name was "Dxxxtch." He authenticated this form by placing his signature in the appropriate block using this spelling of his last name.

3.  His records show he enlisted in the Regular Army (RA) on 2 August 1974.  His DD Form 4 (Enlistment/Reenlistment Contract) listed his last name as "Dxxxtch."  He also authenticated this form by placing his signature in the appropriate place using this spelling of his last name.

4.  The DA Form 2-1 (Personnel Qualification Record) that was created at the time he entered the Army shows the spelling of his last name as "Dxxxtch."  He reviewed this form at a later date and authenticated it by placing his signature in the appropriate place using this spelling of his last name.

5.  His records contain several personnel, legal, and medical documents including a record of emergency data, an insurance election certificate, an application for a military identification card, assignment orders, records of nonjudicial punishment, charge sheet, complete separation packet, and various other orders that show the spelling of his last name as "Dxxxtch."  He authenticated some of these forms, as required, by placing his signature in the appropriate place using this spelling of his last name.

6.  On 22 December 1976, subsequent to an approval of his request for discharge in lieu of trial by court-martial, Headquarters, XVIII Airborne Corps, Fort Bragg, NC, published Orders 120-29 ordering his discharge from the Army effective 22 December 1976.

7.  He was discharged under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separation) on 22 December 1976.  His DD Form 214 shows the following entries in:

* Item 1 (Last Name - First Name - Middle Name) shows the spelling of his last name as "Dxxxtch" 
* Item 15 (Date Entered Active Duty This Period) - "74  08  02"
* Item 9d (Effective Date [of Separation]) - "76  12  22"

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states:
* Item 9d shows the date the Soldier’s separation was accomplished
* Item 15 (for enlisted personnel) shows the date the Soldier entered active duty or the date enlistment or reenlistment was accomplished

DISCUSSION AND CONCLUSIONS:

1.  The applicant used the spelling of his last name as "Dxxxtch" upon his enlistment in the Army.  This spelling of his last name is consistent with the last name on all official military records throughout his period of military service.  He authenticated several forms that contain this spelling of his last name.  He did not spell his last name as he currently spells it.

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed.  

3.  Therefore, absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing the spelling of his last name.

4.  On 2 August 1974, the applicant enlisted in the RA and this date is correctly shown on his DD Form 214.  He was discharged on 22 December 1976 subsequent to submitting a request for voluntary discharge in lieu of trial by a court-martial.  He did not serve in an active duty status in 1977.  Therefore, his discharge date is correctly shown on his DD Form 214.

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)                                         AR20110005309



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ABCMR Record of Proceedings (cont)                                         AR20110005309



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