BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130010350
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 the Armed Forces of the United States) to show his first name as "Darold" instead of "Donald."
2. He states his DD Form 214 lists an incorrect first name. It shows his name as "Donald," but it should show "Darold." He indicates on his application that he provides his birth certificate; however, it is not attached.
3. He provides his copies of his DD Form 214 and United States Passport.
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 complete records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents provided by the applicant to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 indicates he enlisted in the Regular Army on 29 September 1951 and he was honorably released from active duty on 28 July 1954.
4. Item 1 (Last Name - First Name - Middle Name) of his DD Form 214 shows his first name as "Donald." He signed this discharge document using the first name of "Darold."
5. The applicant provided a copy of a United States Passport which lists his first name as "Darold."
6. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his first name is incorrectly listed as "Donald" instead of "Darold" on his DD Form 214 is acknowledged and determined to have merit.
2. The applicant signed his first name as "Darold" at the time he was issued his DD Form 214 and his United States Passport also shows his first name as "Darold."
3. It appears that during the preparation of his DD Form 214 an administrative error occurred resulting in the misspelling of his first name. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the spelling of his first name as it is shown on his United States Passport.
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 deleting from item 1 of his DD Form 214 the current first name entry and replacing it with the first name as it is shown on his United States 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) AR20130010350
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130010350
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090001907
Application for correction of military records (with supporting documents provided, if any). The applicant states that his last name is incorrectly spelled in his military records. The last name shown on his DD Form 214 and other available service documents show that he spelled his last name VALEDEZ and served his entire military career with his last name spelled that way.
ARMY | BCMR | CY2013 | 20130015345
His separation orders show his name using the suffix "Jr." The available documents in his reconstructed record do not show his DOB. The only justification for changing his name or DOB on his DD Form 214 would be if they were not consistent with his name or DOB shown on his initial enlistment documents. _______ 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.
ARMY | BCMR | CY2013 | 20130007642
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "Kxxxmoto" instead of "Kxxxmato-Pxxxxxx." The applicant's request for correction of his DD Form 214 to show his last name as "Kxxxmoto" instead of "Kxxxmato-Pxxxxxx" was carefully considered. The evidence of record shows he represented his full name as "Jxxxx Mxxxxx Kxxxmoto" on at least one occasion during his enlistment into military service.
ARMY | BCMR | CY2009 | 20090000136
The applicant requests correction of his DD Form 214 to show his last name as Valadez. However, the Passport alone is insufficient evidence to show that his last name of Valedez on his DD Form 214 should be corrected, and he has not shown that the Army's records are indeed wrong. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2014 | 20140005257
The applicant's military records are not available for review. There is no evidence in his available military records that indicates he listed his DOB as 11 May xxxx during his period of active duty service. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File (OMPF).
ARMY | BCMR | CY2008 | 20080011768
Application for correction of military records (with supporting documents provided, if any). The applicant states that he needs his records corrected to show his date of birth as 12 April 1924 so that he can obtain a passport. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2013 | 20130001984
The applicant states: * his DD Form 214 should be amended to show his correct DOB * the Combat Infantryman Badge and Presidential Unit Citation should be awarded for his service with the 5th Regimental Combat Team, 24th Infantry Division * the Army Good Conduct Medal should be awarded for his service * the "V" Device should be added to his Bronze Star Medal 4. The applicant provides: * Congressional correspondence * WD AGO Form 53 (Enlisted Record and Report of Separation Honorable...
ARMY | BCMR | CY2014 | 20140001201
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of her record to show the spelling of her first name as "Axxxxa" instead of Axxxxia. The military documents filed in the applicant's OMPF show her first name as Axxxxia throughout her military service.
ARMY | BCMR | CY2007 | 20070007459
The applicant requests correction of his military records to show his last name as "Kon*** vice "Kan***." The applicants military records are not available to the Board for review. Therefore, the Army records are consistent with the applicant's name at that time.
ARMY | BCMR | CY2013 | 20130004977
Application for correction of military records (with supporting documents provided, if any). But the evidence is sufficient to correct his first and last name to list it on his DD Form 214 as he requests. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting all three of his DD Forms 214 to show his first and middle names as they are listed on his USA Passport.