IN THE CASE OF:
BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150001366
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 spelling of his middle name as D_RR__ and removal of the entry in item 29 (Dates of Time Lost During This Period).
2. The applicant states:
a. his middle name is spelled D_RR__, not D_RN__ and
b. item 29 of his DD Form 214 shows 2 days of civil confinement from 4 July 1983 to 6 July 1983. He received a speeding ticket in Gove, Kansas, but was not in jail.
3. The applicant provides:
* DD Form 214
* Page 4 of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* Maine Voter Registration Application
* undated letter from the Gove County Sheriff's Office
* page 2 of his DA Form 2-1 (Personnel Qualification Record Part II)
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) under the Delayed Entry Program (DEP) on 25 March 1981 for a period of 6 years. His DD Form 4, dated 25 March 1981, shows his middle name spelled as D_RN__, but his legible signature on this form shows the middle name spelled as D_RR__. He was discharged from the USAR DEP on 21 July 1981 for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 22 July 1981 for a period of 3 years. He completed his training and was awarded military occupational specialty 11B (infantryman).
3. His records contain:
a. A DA Form 4187 (Personnel Action), dated 5 July 1983, showing his duty status was changed from present for duty to confinement by civil authorities effective 4 July 1983. This form also shows the duty status change was verified.
b. A DA Form 4187, dated 29 July 1983, showing his duty status was changed from civilian confinement to present for duty effective 6 July 1983. This form also shows the duty status change was verified.
4. On 23 July 1984, he was honorably released from active duty.
5. His DD Form 214 shows in:
* item 1 (Name) his middle name spelled as D_RN__
* item 29 the entry "830704-830705," indicating 4 July 1983 to 5 July 1983
6. He provided an undated letter from the Gove County Sheriff's Office in Gove, Kansas, which states the Gove County District Court and Gove County Sherriff's Office found no record of his name in their files or any record of him serving any jail time during the period 4-6 July 1983.
7. He also provided a Maine Voter Registration Application showing his middle name as D_RR__.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his middle name is spelled as D_RR__ and his legible signature shown on his 1981 DD Form 4 supports this contention. Based on the foregoing evidence of record, it would be appropriate to correct his DD Form 214 to show his middle name spelled as D_RR__.
2. He contends he was not in jail on 4 and 5 July 1983 and he provided a letter from the Gove County Sherriff's Office in Gove, Kansas, which states there is no record of his serving any jail time during that period. However, it cannot be determined where he was held in civilian confinement 32 years ago. Since his military records contain verified DA Forms 4187 which state he was in civil confinement on 4 and 5 July 1983, there is an insufficient evidentiary basis on which to amend item 29 of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current middle name shown in item 1 of his DD Form 214 and replacing it with the middle name spelled D_RR__ as shown on the Maine Voter Registration Application he provided.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 29 of his DD Form 214.
_______ _ 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) AR20150001366
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150001366
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100019456
A DA Form 4187 was completed on 30 January 1981 for correction to his record by changing his date of birth from 7 September 1962 to 7 September 1963 in his records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 5 of the applicant's DD Form 214 to show his DOB as 7 September 1963 and providing him a corrected separation document that shows this change. _______ _ x_______ ___ CHAIRPERSON I certify that...
ARMY | BCMR | CY2012 | 20120004161
The applicant requests correction of the spelling of his middle name in item 1 (Name (Last, First, Middle)) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). His DA Form 2-1 (Personnel Qualification Record) shows the spelling of his middle name as Arthur. _______ _ __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 | CY2006 | 20060000065C070205
The applicant states, in effect, that the middle name and year of his birth that are recorded in his military service records are incorrect. The evidence of record shows that the applicant's place of birth is recorded in his military service records as "St. Mary's, Pennsylvania." However, the applicant's Notification of Birth Registration that is presented as evidence in this case shows that the applicant's place of birth was "Benzinger Township, Pennsylvania."
ARMY | BCMR | CY2008 | 20080014662
On 12 May 1983, the approving authority recommended that a board of officers be convened to determine if the applicant should be separated due to conviction by civil court based on Army Regulation 635-200, chapter 14, section II. There is no evidence of record which shows the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable...
ARMY | BCMR | CY2011 | 20110021533
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * spelling of his middle name as "Matthew" * the last four digits of his social security number (SSN) as "0795" * his date of birth as 29 Nxxxxxxx xxxx 2. The applicant's military record shows he served in the Army 3 years with the spelling of his middle name and the last four digits of the SSN that are listed on his DD Form 214. There is no evidence that shows he...
ARMY | BCMR | CY2010 | 20100029625
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. DISCUSSION AND CONCLUSIONS: The entries on his Selective Service System Registration Certificate, DD Form 398, and DA Form 41 which show his middle name spelled as "Loron" are accepted as sufficient evidence on which to amend item 1 of his...
ARMY | BCMR | CY2010 | 20100022200
The applicant requests correction of the spelling of his first name as shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and removal of 4 days of lost time from his DD Form 214. He states his first name is misspelled on his DD Form 214 and should be spelled "Stephen." Item 1 (Last Name, First Name, Middle Name) of his DD Form 214 shows his first name spelled as "Steven."
ARMY | BCMR | CY2014 | 20140006151
Application for correction of military records (with supporting documents provided, if any). The applicant's induction record shows his first name as Ronald. Based on the foregoing evidence, it would be appropriate to correct item 1 of his DD Form 214 to show his first name as Ronald.
ARMY | BCMR | CY2013 | 20130003135
Application for correction of military records (with supporting documents provided, if any). 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. After review of the evidence of this case, it is determined that the applicant has not presented sufficient evidence which warrants upgrading his UOTHC discharge to a general discharge.
ARMY | BCMR | CY2013 | 20130006519
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 18 November 1952 as follows: * item 10 (Date of Birth (DOB)) to show his year of birth as 1930 vice 1950 * item 14 (Selective Service Local Board Number (City, County, State)) to show the spelling of the county as Natrona vice Netrona 2. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR...