IN THE CASE OF:
BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120022086
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 (Certificate of Release or Discharge from Active Duty) to show the correct spelling of his first name is "Delles" instead of "Dulles."
2. The applicant states he believes his first name is spelled incorrectly in his records because of his mother and father's lack of education.
3. The applicant did not provide any supporting documentation.
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 applicants DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States), dated 31 December 1976, lists his first name as "DULLES." He signed the form using that first name. He enlisted in the Regular Army on 14 January 1977.
3. He was released from active duty on 11 January 1980. His DD Form 214 shows his first name as "DULLES." He signed this form using the first name Dulles.
4. His record contains numerous documents, including a DA Form 428 (Application for Identification Card) and a DA Form 2-1 (Personnel Qualification Record Part II) that list his first name as "Dulles." There are no documents in his records showing the first name of "Delles."
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant used the first name "Dulles" throughout his period of military service. There is no evidence that he used the first name of "Delles" during his period of military service.
2. For historical purposes, the Army has an interest in maintaining the integrity 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.
3. Therefore, absent convincing, independent, and verifiable evidence to the contrary it is presumed the applicant's military service records, including the DD Form 214, were correct at the time they were prepared and there is insufficient evidence to grant him relief in this case. However, a copy of this Record of Proceedings will be filed in his Army Military Human Resource Record so that a record of the first name he currently uses will be available.
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) AR20110009382
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022086
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