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