IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004864 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 records to list his middle name as "Bxxxlla" instead of "Bxxxllia." 2. The applicant states, in effect, his middle name is incorrectly spelled on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 October 1980. He further states he did not receive all $1,961.30 of his Selective Reenlistment Bonus (SRB). 3. The applicant provides: * a letter * DA Form 2496 (Disposition Form) * a memorandum * DD Form 214 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 (RA) on 21 December 1973. Item 5 (Last Name – First Name – Middle Name) of the DD Form 4 (Enlistment Contract – Armed Forces of the United States) he completed at the time of his enlistment lists his middle name as "Bxxxlla." 3. The applicant's record contains various documents which show the applicant's middle name as he requests. Many of these forms are authenticated by the applicant using this name. 4. On 11 October 1977, the applicant was honorably discharged. The DD Form 214 he was issued at the time of his discharge lists his middle name as "Bxxxllia." 5. On 12 October 1977, the applicant reenlisted in the RA. On 11 October 1980, he was honorably discharged. The DD Form 214 he was issued at the time of his discharge lists his middle name as "Bxxxllia." Item 18 (Remarks) contains the entry, "Total SRB paid $1961.30, 771012 & 791109." 6. On 28 November 1980, the applicant enlisted in the U.S. Army Reserve. Item 1 (Name) of his DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) lists his middle name as "Bxxxllia." 7. The applicant provides a memorandum, issued by his commander, dated 7 April 1982, which approved the applicant's request to change his middle name to "Bxxxlla" on all future forms requiring his full name. 8. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 9. Title 31, U.S. Code, section 3702, also known as the barring statute, prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section, is relieving the Government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove. 10. The "doctrine of laches" is based upon the maxim that equity aids the vigilant and not those who slumber on their rights. The doctrine of laches is defined by Black's Law Dictionary, sixth edition, as the neglect to assert a right or claim which, taken together with lapse of time and other circumstances causing prejudice to the adverse party, operates as a bar in a court of equity. DISCUSSION AND CONCLUSIONS: 1. The applicant's record shows he initially enlisted under and consistently used the middle name of "Bxxxlla" throughout his military service. It appears his middle name was incorrectly entered on his DD Forms 214 as a result of a typographical error. Therefore, his records should be corrected to reflect his middle name as he requests. 2. There is insufficient evidence and the applicant has not provided sufficient evidence to show he did not receive his entire SRB. More than 35 years have elapsed in his case. An arbitrary ruling in his favor, without knowing the exact circumstances of what happened at the time and what his complete finance records would have shown, would cause prejudice to the Government. Had he applied to the ABCMR within the limits of the barring statute an equitable decision could possibly have been made in his case. However, since it is now more than 35 years after his separation, the doctrine of laches is invoked in his case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 correcting his DD Forms 214 for the periods ending 11 October 1977 and 11 October 1980 to show his middle name as "Bxxxlla." 2. The Board further determined that 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 entitlement to monies associated with payment of an SRB. _______ _ _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) AR20150004864 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004864 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1