BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120011231
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his middle name as Dagoberto.
2. The applicant states he would like to register with veteran services to receive certain veteran benefits, but first he needs his name corrected on his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* U.S. Passport
* Utah Drivers License
* Certificate of Naturalization
* Letter of Appreciation, dated 16 June 1969
* U.S. Army Reserve (USAR) Letter Orders Number 06-36453, dated 23 June 1970
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. On 22 June 1967, the applicant was inducted into the Army of the United States. He acknowledged his 6-year obligation this same day in a one-page statement wherein his middle name was shown as Dagoberto. His signature contained the same spelling of this middle name.
3. A DD Form 398 (Statement of Personal History) filed in the applicant's Army Human Military Resource Record (AHMRR) shows his middle name as Dagoberto.
4. On 21 June 1969, the applicant was released from active duty and transferred to the USAR. He had attained the rank of specialist five, pay grade E-5, and had completed 2 years of creditable active duty service.
5. The applicant's DD Form 214, effective 21 June 1969, shows his middle name as Delado.
6. Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly supports the applicant's contentions. Therefore his DD Form 214 should be corrected.
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 his middle name of Dagoberto, as shown on his U.S. Passport.
__________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) AR20120011231
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ABCMR Record of Proceedings (cont) AR20120011231
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