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



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ABCMR Record of Proceedings (cont)                                         AR20130010350



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