BOARD DATE:	  15 July 2014

		DOCKET NUMBER:  AR20130020438 


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 item 1 (Last Name – First Name – Middle Name) of his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states his first name is legally "Don" and should be listed as such on his DD Form 214.  His first name is incorrectly listed on his DD Form 214 as "Dunn" and it should be "Don."  He would have never imagined his name would be incorrect on his discharge papers.  When filing for retirement, a Veterans Service Officer (VSO) noticed the error.

3.  The applicant provides copies of his DD Form 214, California driver's license, social security card, and a statement from a VSO.

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 enlisted in the Regular Army on 26 January 1973.  He served as a power generator equipment operator.  His records include the following documents:

* DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 26 January 1973, which lists his first name as "Donn"
* DA Form 2-1 (Personnel Qualification Record – Part II) which lists his first name as "Donn"

3.  He was honorably released from active duty on 19 January 1976 and was transferred to the U.S. Army Reserve.  Item 1 of his DD Form 214 lists his first name as "Dunn."

4.  He enlisted in the California Army National Guard (CAARNG) on 20 September 1977.  His records include the following documents:

* DD Form 1966 (Application for Enlistment – Armed Forces of the United States), dated 20 September 1977, which lists his first name as "Donn" – item 43 (Data Verification) of this form states the data was verified by his birth certificate
* DD Form 4, dated 20 September 1977, which lists his first name as "Donn"

5.  On 21 July 1980, a DD Form 215 (Correction to DD Form 214) was issued correcting item 1 of his DD Form 214 to list his first name as "Donn."

6.  He served continuously in the CAARNG through several reenlistments until he was honorably discharged on 6 May 1997 and transferred to the Retired Reserve.  CAARNG Orders 107-586, dated 17 April 1997, discharged him from the CAARNG effective 6 May 1997.  These orders list his first name as "Donn."  Item 1 (Last Name – First Name – Middle Name) of his National Guard Bureau (NGB) Form 22 lists his first name as "Donn."

7.  All records contained in his military personnel records list his first name as "Donn."

8.  He provided copies of the following:

* California driver's license issued on 4 February 2013 which lists his first name as "Donn"
* social security card which lists his first name as "Donn"
* statement from a VSO stating his identity was verified

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated item 1 would list the last name, first name, and full middle name or names, if any.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the Regular Army under the first name of "Donn."  He was released from active duty on 19 January 1976 and was issued a DD Form 214 which listed his first name as "Dunn."  He enlisted in the CAARNG under the first name "Donn."  His enlistment application indicated the data had been verified by his birth certificate.

2.  On 21 July 1980, a DD Form 215 was issued correcting his DD Form 214 to show his first name as "Donn."

3.  He served continuously in the CAARNG under the first name "Donn."  His discharge orders and NGB Form 22 for the period ending 6 May 1997 list his first name as "Donn."

3.  His contention that his first name is legally "Don" was carefully considered.  The documentation he submitted lists his first name as "Donn."  There is no evidence of record and he did not provide sufficient evidence to show his first name is legally "Don" and not "Donn."  In the absence of sufficient evidence, there is no basis to support the requested relief.

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 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)                                         AR20130020438



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ABCMR Record of Proceedings (cont)                                         AR20130020438



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