IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004843 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 (Armed Forces of the United States Report of Transfer or Discharge) as follows: * Item 1 (Last Name-First Name-Middle Name) to show his middle name as "Adolfo" instead of "Adolpho" * Item 12 (Last Duty Assignment and Major Command) to show Company B, 2nd Airborne Battle Group (ABG), 501st Infantry, 82nd Airborne Division, Fort Bragg, NC instead of Company B, 2nd ABG, 501st Infantry, 3rd U.S. Army 2. The applicant states the DD Form 214 is the main record of separation. 3. The applicant provides his DD Form 214 and a Special Orders Number (SO) 172, dated 22 July 1963. 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 records show he was inducted into the Army of the United States (AUS) on 21 August 1961. His DD Form 47 (Record of Induction) listed his middle name as "Adolpho." 3. His DA Form 24 (Service Record) and DA Form 20 (Enlisted Qualification Record) listed his middle initial "A." 4. He completed the training requirements and he was awarded military occupational specialty 111.07 (Light Weapons Infantryman). He also completed airborne training and was subsequently reassigned to Company B, 2nd ABG, 501st Infantry, Fort Bragg, NC. 5. On 15 March 1962 he completed a DD Form 398 (Statement of Personal History) and listed his middle name as "Adolfo." He authenticated this form with his signature using this name. 6. On 22 July 1963 Headquarters, 82nd Airborne Division, Fort Brag, NC published SO Number 172 attaching him the U.S. Army Garrison for separation processing. His unit is listed as Company B, 2nd ABG, 501st Infantry. 7. On 19 August 1963 Headquarters, XVIII Airborne Corps, Fort Bragg published SO Number 203 ordering his separation effective 20 August 1963 and reassigned him to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. 8. He was honorably released from active duty on 20 August 1963. His DD Form 214 shows in: * Item 1 his middle name as "Adolpho" * Item 11b (Station or Installation at Which Affected) "Fort Bragg, NC" * Item 12 "Co B, 2d ABG, 501st Inf, 3rd US Army" 9. On 7 December 1964 a DD Form 98 (Armed Forces Security Questionnaire) was prepared. This form listed the applicant's middle name as "Adolfo." 10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. DISCUSSION AND CONCLUSIONS: 1. The applicant's Induction Record listed his middle name as "Adolpho." He disclosed his middle name as "Adolfo." His disclosed middle name is consistent with at least two documents in his service record. It appears his DD Form 214 inadvertently listed his last name as "Adolpho." It should have been listed as "Adolfo." 2. As for his last unit of assignment, it is correctly listed on his DD Form 214 and there is no need to change it. a. Item 11b of the DD Form 214 requires a listing of the station affected by a Soldier's separation. In the applicant's case, it was Fort Bragg, NC, which is correctly listed in that block. b. Item 12 of the DD Form 214 does not require a listing of the station (Fort Bragg) or the State of North Carolina. It only requires the last unit and major command. His last unit was "Company B, 2nd ABG, 501st Infantry" and the major command was 3rd U.S. Army. The 501st Infantry was a subordinate unit of the 82nd Airborne Division, which was a subordinate unit of XVIII Airborne Corps, which was a subordinate of 3rd U.S. Army (the major command). 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 deleting from his DD Form 214 the middle name "Adolpho" and adding the middle name "Adolfo." 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 his last duty assignment and major command. _______ _ _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) AR20150004843 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004843 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1