BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140016114
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 Active Duty) to show his middle name as Doxxxx vice Daxxx.
2. The applicant states his DD Form 214 shows an incorrect middle name.
3. The applicant provides his DD Form 214, birth certificate, and driver license.
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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 5 January 1976. His DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 5 January 1976, shows his middle name as Doxxxx. He was discharged from the DEP on 20 January 1976.
3. On 21 January 1976, he enlisted in the Regular Army (RA). Page 4 of his DD Form 4, dated 21 January 1976, shows his middle name as Doxxxx. He authenticated this form by placing his signature in the appropriate block using the middle name of Doxxxx.
4. The DA Form 2-1 (Personnel Qualification Record) created upon his entry on active duty shows his middle name as Doxxxx.
5. His record contains numerous orders, personnel, medical, and legal documents that all show his middle name as Doxxxx. He authenticated many of these forms by placing his signature in the appropriate block using this middle name.
6. He was honorably released from active duty on 19 January 1979 and he was transferred to the USAR. Item 1 (Name (Last, First, Middle)) of the DD Form 214 he was issued shows his middle name as Daxxx.
7. The applicant provides his birth certificate and driver license that both show his middle name as Doxxxx.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms that upon the applicant's enlistment in the USAR DEP and RA, he listed his middle name as Doxxxx. This is the middle name he used throughout his military service. It is evident an error occurred during the preparation of his DD Form 214 when his middle name was listed as Daxxx. Therefore, he is entitled to correction of his DD Form 214 to show his correct middle name.
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 the middle name from item 1 of the DD Form 214 and replacing it with the middle name that is shown on his DD Form 4.
_______ _ 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) AR20140016114
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140016114
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150001305
In block 23 (If preferred enlistment name (given in block 1) is not the same as on your birth certificate and has not been changed by legal procedure prescribed by state law, complete the following: a (Name as Shown on Birth Certificate), he entered the last name of D______a (emphasis added). His DD Form 214 correctly shows his last name as S___s, which was the last name he used at the time. ABCMR Record of Proceedings (cont) AR20150001305 3 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2014 | 20140015619
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as Jxxxx vice Lxxxxxx. Page 4 of his DD Form 4, dated 24 August 1982, shows his last name as Lxxxxxx. His DD Form 214 correctly shows his last name as Lxxxxxx, the name he held at the time he was released from active duty.
ARMY | BCMR | CY2013 | 20130002311
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his first name as Samuel and his social security number (SSN) as XXX-XX-6348. Although his birth certificate shows his first name as Samuel, the evidence of record shows he declared he preferred to use the first name Amar when he enlisted in the USAR DEP in November 1976. The evidence of record shows he recorded his SSN as XXX-XX-6345 when he enlisted in the USAR and RA and this SSN was...
ARMY | BCMR | CY2012 | 20120000995X
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as "O____." The evidence of record shows the applicant recorded his last name as "S____" upon his enlistment in the USAR DEP on 22 November 1980 and in the RA on 29 December 1980. _____________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 | CY2012 | 20120000995
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his last name as "O____." The evidence of record shows the applicant recorded his last name as "S____" upon his enlistment in the USAR DEP on 22 November 1980 and in the RA on 29 December 1980. _____________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 | CY2009 | 20090016603
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his first and middle names as "M___ R___" instead of "H___ K___" and to show his gender as male instead of female. The applicant contends that his DD Form 214 should be corrected to show his correct first and middle names and correct gender.
ARMY | BCMR | CY2015 | 20150001405
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * her last name as Shields vice Taylor * her foreign service in Bahrain from May to June 1999 2. Block 1 (Name) of her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 17 February 1982, shows her last name as Shields. With respect to showing her foreign service in Bahrain, notwithstanding her sincerity, although she provided...
ARMY | BCMR | CY2011 | 20110000048
ARMY | BCMR | CY2013 | 20130021870
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her: * middle name as LaShon vice Lashown * date of birth (DOB) as 24 February 1972 vice 14 January 1970 2. This form does not show her DOB. These orders show her middle name as Lashown; they do not show her DOB.
ARMY | BCMR | CY2010 | 20100021016
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. His Enlisted Record Brief (ERB) which was created upon his entry on active duty recorded his last name as "C____B____" without a hyphen; it did not record a middle name. ___________x______________ CHAIRPERSON I certify that herein is...