IN THE CASE OF: BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150017247 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150017247 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. IN THE CASE OF: BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150017247 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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "D--ell" instead of "D--iel." 2. The applicant states the last name on his DD Form 214 should be spelled as "D--ell" instead of "D--iel." 3. The applicant provides his birth certificate. 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations. 2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, a reconstructed record and the document submitted by the applicant is sufficient information for the Board to conduct a fair and impartial review of this case. 3. He enlisted in the Pennsylvania Army National Guard (PAARNG) on 5 June 1965. His available record contains the following * DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 5 June 1965, listing his last name as "D--iel"; he authenticated this form by placing his signature and signing his last name as "D--iel" * Special Orders (SO) Number 200, dated 21 October 1965, listing his last name as "D--iel" 4. He entered active duty for training (ACDUTRA) on 31 October 1965. His available record also contains the following: * DD Form 220 (Active Duty Report), dated 3 November 1965, listing his last name as "D--iel" * SO Number 73, dated 14 March 1966, listing his last name as "D--iel" 5. He was released from ACDUTRA on 19 March 1966 and returned to the PAARNG. Item 1 of his DD Form 214 lists his last name as "D--iel." He authenticated this form by signing his last name as "D--iel." 6. He provided a copy of his birth certificate, issued on 26 July 2006, which identified an individual with the same first and middle names and birth date of record as the applicant and the last name is listed as "D--ell." REFERENCE: 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, verified in the Soldier's record. DISCUSSION: 1. The applicant's last name was spelled as "D--iel" throughout his PAARNG and AD military service. Further, he consistently signed documents spelling his last name as "D--iel." The preponderance of evidence indicates he considered the spelling of "D--iel" to be his last name of record. 2. There is no evidence of record and he did not provide sufficient evidence showing his DD Form 214 contain an error in his last name. Absent convincing independent and verifiable evidence to the contrary, it is presumed this form was correct at the time it was prepared. 3. For historical purpose, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of showing a material error or injustice, there is a reluctance to recommend that those records be changed. While it is understood that he now desires to record the last name he currently uses listed on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017247 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017247 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2