RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 December 2007 DOCKET NUMBER: AR20070010103 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Mohammed R. Elhaj Analyst The following members, a quorum, were present: Ms. Linda D. Simmons Chairperson Ms. Eloise C. Prendergast Member Mr. James R. Hastie Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his military records to show his last name as "D**ies" instead of "D**is". 2. The applicant states that the name change is needed for eligibility for future burial at a national cemetery. 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a copy of his Honorable Discharge Certificate; and a copy of Letter Orders, dated 31 January 1963, titled: Discharge from the United States Army Reserve (USAR). 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 military 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, those remaining documents together with the applicant's submitted documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows that he enlisted in the Regular Army in Newark, New Jersey, on 28 February 1955. He was honorably discharged and transferred to the U.S. Army Reserve (USAR) Control Group on 31 January 1958. This form correctly shows the applicant's last name as "D**ies." 4. On 31 January 1963, Office of the Adjutant General, St. Louis, Missouri, published Letter Orders honorably discharging the applicant from the USAR Control Group effective 31 January 1963. However, the Letter Orders incorrectly listed the applicant's last name as "D**is." He was also issued an Honorable Discharge Certificate that incorrectly listed his last name as "D**is." 5. On 21 September 2007, U.S. Army Human Resources Command, St. Louis, Missouri, issued the applicant a new Honorable Discharge Certificate reflecting his correct last name (D**ies."). DISCUSSION AND CONCLUSIONS: 1. The applicant requests that his military records be corrected to show his last name as "D**ies" instead of "D**is." 2. Evidence of record shows that the applicant served under the last name D**ies. The applicant's birth certificate shows his last name as "D**ies." Therefore, the Letter Orders, dated 31 January 1963, discharging the applicant from the USAR Control Group are not consistent with the applicant's name at that time. 3. In view of the evidence provided, the applicant is entitled to correction of his Letter Orders discharging him from the USAR Control Group as well as the Honorable Discharge Certificate to be corrected to show his last name as "D**ies." BOARD VOTE: __lds___ __ecp___ __jrh___ 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 amending Letter Orders dated 31 January 1963 to show the applicant's last name as "D**ies" and correction to his Honorable Discharge Certificate. Linda D. Simmons ______________________ CHAIRPERSON INDEX CASE ID AR20070010103 SUFFIX RECON DATE BOARDED 20071204 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION ( GRANT) REVIEW AUTHORITY ISSUES 1. 100.0100 2. 3. 4. 5. 6.