BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110008378
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 his last name be corrected on his first DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was drafted under the wrong name resulting in his losing credit for the service he completed.
3. The applicant provides copies of his two DD Forms 214 and his parent's marriage license/certificate.
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 DD Form 214, ending on 27 March 1964, shows:
* Item 1 (Last Name -First Name - Middle Name): D_ _IEL _, Jxxxxx Lxx
* Item 2 (Service Number): US 53 - # # - # # #
* Item 6 (Date of Birth): 26 October 1939
* Item 16 (Date of Induction): 4 April 1962
* Item 11d (Effective Date [Date of separation]): 27 March 1964
3. On 2 April 1964, the applicant enlisted in the Regular Army under the name of D _ _ALD_, Jxxxxx Lxx, which he now claims as being correct.
4. The applicant's military records contain a letter dated 23 June 1964, from the Office of The Adjutant General (OTAG), United States Army that informed the applicant's then current unit of assignment that on 30 March 1964, all records of OTAG were amended to show the applicant's last name as D _ _ ALD _. It further requested that the applicant's unit amend all retained records pertaining to the applicant to show this same last name.
5. On 16 July 1964, a first endorsement to the letter described in the previous paragraph was signed by an assistant adjutant, and directed to OTAG, stated that all records pertaining to the applicant had been changed to reflect the name he now claims as being his correct name.
6. On 28 April 1967, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had completed a total of 5 years and 22 days of creditable active duty service. His DD Form 214 ending on this date shows:
* Item 1 (Last Name - first Name - Middle Name): D _ _ ALD _, Jxxxxx Lxx
* Item 2 (Service Number): US 53 - # # - # # #
* Item 9 (Date of Birth): 26 October 1939
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his first DD Form 214 should be corrected to show his correct last name because he was drafted under the wrong name resulting in his losing credit for the service he completed.
2. The evidence of record clearly shows that the OTAG directed in 1964, while the applicant was still on active duty, that all of his military records be amended to show his last name as he now claims is correct. Unfortunately, his first DD Form 214 was overlooked at the time and did not get corrected accordingly.
3. In view of the above, the applicants request should be granted.
BOARD VOTE:
__x______ ___x_____ ____x__ 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 showing in Item 1 of his DD Form 214, ending on 27 March 1964, his last name as D _ _ALD _.
_______ _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) AR20110008378
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ABCMR Record of Proceedings (cont) AR20110008378
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