IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150005315 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 the spelling of his last name be changed from "Dedek" to "Derrick" on his DD Form 214 (Report of Separation from the Armed Forces of the United States). 2. The applicant states when he dies the Department Veterans Affairs will require a copy of his DD Form 214 or equivalent in order to process his papers. 3. He provides his DD Form 214, an Honorable Discharge (HD) Certificate, and a legal name change document. 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 military records are not available to the Board 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. This case is being considered using the documents provided by the applicant. 3. The DD Form 214 he provides shows he was inducted into the Army of the United States on 25 January 1951 and served until he was honorably released to the United States Army Reserve (USAR) on 24 January 1953. Item 1 (Last Name – First Name – Middle Name) shows his last name as "Dedek." 4. He provided a copy of his legal name change document that verifies the spelling of his last name was legally changed from "Dedek" to "Derrick" on 18 May 1953. 5. He also provided an HD Certificate from the USAR dated 23 October 1956, which shows his last name as "Derrick." 6. Army Regulation 635-5 (Separation Documents), in effect at the time, states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of, release from active duty, retirement, or discharge. DISCUSSION AND CONCLUSIONS: 1. The available evidence shows that at the time the applicant was issued his DD Form 214, his last name was spelled as "Dedek." The change in the spelling of his last name did not occur until 18 May 1953, after the issuance of his DD Form 214. Therefore, the spelling of his last name contained on his DD Form 214 is correct as constituted. 2. For historical purposes, 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. While it is understandable that the applicant desires to have the spelling of his last name changed in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 3. However, the applicant provides an HD Certificate from the USAR. This shows at some point during his Reserve service he used the requested last name. In order to link his Reserve service with his active duty service and in the interest of clarity to assist the applicant in the future, it would be appropriate to add the entry "AKA [also known as] W___ E. Derrick" to item 32 (Remarks) of his DD Form 214. 4. The applicant is advised that a copy of this decision document will be filed in his official military personnel file. This should serve to clarify any questions or confusion in regard to the spelling of the last name recorded in his military records. 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 adding the entry "AKA [also known as] W___ E. Derrick" to item 32 of his DD Form 214." 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 changing the spelling of his last name on 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) AR20150005315 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005315 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1