IN THE CASE OF:
BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130005731
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 Forms 214 (Certificate of Release or Discharge from Active Duty) to show his first name as "David" instead of "Scott" and to add "Scott" as his middle name.
2. The applicant states his name is wrong on his DD Form 214.
3. The applicant provides his notification of birth registration and certificate of birth.
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. The applicant's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 25 February 1984, shows he enlisted in the Regular Army (RA) on 28 August 1984 under the (First Middle Last) name of "David Scott H---s."
3. On 27 May 1988, he was released from active duty after completing 3 years and 9 months of active military service. Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his name as "H----s, Scott." It does not show a middle name.
4. On 27 September 1990, he reenlisted in the RA. The DD Form 4, dated
2 August 1990, shows his name (Last, First, Middle) as "H----s, Scott.
5. The official documents contained in his records show his name as both
"Scott H---s" and "David Scott H---s."
6. The California Certificate of Birth he submitted shows his first and middle names as "David Scott."
7. His record contains and he submitted his State of California, Notification of Birth Registration, which shows his (First, Middle, Last) name as "David Scott
H---s."
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation also establishes standardized policy for preparation of the DD Form 214. The instructions for completing item 1 state to enter the name as it is recorded in the military record.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant initially enlisted using the first and middle name of "David Scott." This is consistent with the first and middle name that is contained in his official military records throughout his military service. It appears his middle name was also inadvertently used as his first name at various times throughout his service and on his DD Forms 214 at the time of separation. The available evidence is sufficient to correct his DD Forms 214, dated 27 May 1984 and 4 March 1992, to show his first and middle name as "David Scott."
BOARD VOTE:
____X____ ____X_____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 deleting the name from item 4 of his DD Forms 214, dated 27 May 1984 and
4 March 1992, and adding his name as it is listed on his DD Form 4, dated 1984.
______________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) AR20130005731
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130005731
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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